Unfair Dismissal Solicitors
An employee’s dismissal from work can be fair or unfair, but this will depend on the particular circumstances surrounding the dismissal. An employee that has over two years continuous service is protected from unfair dismissal under the Employment Rights Act 1996.
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The law in this area does not make it illegal for employers to dismiss employees, but they must have a good reason for doing so. In law there are a set of reasons which employers may utilise as potential reasons for fairly dismissing an employee. These are:
- The employee is not capable of doing the job;
- The employee does not have the necessary qualifications to do the job;
- The employee’s conduct has been poor;
- The employee has done something illegal;
- The employee is no longer needed (i.e. the employer needs to make redundancies); or
- Some other reason specific to the circumstances of the employment.
The employer must also follow a fair and proper process when dismissing the client. A good starting point for this is by following the ACAS Code of Practice on Disciplinary and Grievance Procedures. Even if the reason for the dismissal is fair, an improper or unjust process can mean the dismissal is unfair – this is a common reason for unfair redundancy. It is incredibly important that the reasoning behind a dismissal is clear, with supporting evidence to avoid the likelihood of an unfair dismissal claim being brought.
If an employer is unfairly dismissed, they can claim a basic award based on their length of service, age and weekly wage, and a compensatory award based on the amount of time it would take them to find a suitable alternative role.
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If you believe that you have been the victim of unfair dismissal, contact us to find out how we can assist you with your claim.
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If you believe you have been unfairly dismissed and , please contact us and one of our team of employment lawyers will offer a 15 minute no obligation consultation call where we can discuss your matter and the next steps going forward.