Unfair Dismissal

We can advise on whether you may have been unfairly dismissed.  A dismissal occurs when your employer terminates your contract of employment. Sometimes a dismissal, although distressing, may be fair.

In certain circumstances however you may have been unfairly dismissed and may be able to make a claim to the Employment Tribunal.

We can advise as to the probability of success of any claim, assist you in preparation of your case and represent you at the Employment Tribunal. Our solicitors are experienced advocates who will ensure that you obtain the best possible outcome.

If you have been dismissed and think that your dismissal was unfair, they you may be able to might be able to challenge it.  

Rather than sit worrying, why not take advantage of our 45-minute fixed fee employment consultation for £195.00.  Call us confidence on 01827 317070 or email employment@pickerings-solicitors.com and we may be able to answer any niggling questions very easily.

Below are some common questions and answers that may help too.

What is a fair dismissal?

It will depend on the individual set of circumstances, but you might have been dismissed fairly if:

1. There was a fair reason for dismissal
2. The reason was good enough to justify dismissing you
3. The employer followed a full and fair procedure.

When you have been dismissed, it is best to give us a call immediately so that we can advise on the best course of action. Time is of the essence if you wish to appeal against the dismissal. 

Our solicitors are experienced in advising on unfair dismissal claims and can provide an expert assessment of your chances of success. They can also advise on the strongest way to appeal against the dismissal.

What if I have already had an unsuccessful appeal against my dismissal?

It is still worth getting in contact with us because we can assess whether your employer has acted fairly. Even if your appeal has been rejected, you can bring a claim for unfair dismissal at The Employment Tribunal.

What are fair reasons for dismissal?

An employee with 2 years of service has the right not to be subject to an unfair dismissal. By law (Employment Rights Act 1996), there are 5 potential reasons for dismissing someone fairly. These are:

• CONDUCT – when the employee has done something that's inappropriate or not acceptable
• CAPABILITY – when the employee is not able to do the job or does not have the right qualifications
• REDUNDANCY – when the job is no longer needed
• A LEGAL REASON – when the employee cannot do their job legally, for example a van driver who is banned from driving
• 'SOME OTHER SUBSTANTIAL REASON' (SOSR) – a term used for a wide variety of other situations

Unless your employer can prove one that one or more of the above 5 fair reasons for dismissal apply, then your termination of employment will be deemed to have been unfair.

If your employer does not follow a full and fair procedure, you could still have a case for unfair dismissal, even if the reason for your dismissal was valid.

The procedure your employer follows will be taken into account if the employee claims for unfair dismissal and the case reaches an employment tribunal.

What is Some Other Substantial Reason?

This could include things like:

• a fixed-term contract ending e.g. a maternity cover coming to an end
• third party pressure, for example if a client refuses to work with an employee
• an employee refusing to agree to new terms and conditions of employment
• a dismissal where you have unreasonably refused to accept new changes to your terms and conditions.

Each case will be determined on its own facts.

What are automatically unfair reasons for dismissal?

'Automatically unfair' reasons for dismissal are when you are dismissed for one or more of the following:

• being pregnant or on maternity leave
• requesting to take family leave, for example parental, paternity or adoption leave
• making a flexible working request
• being a trade union representative or member
• taking part in legal, official industrial action for 12 weeks or less, e.g. strike or work to rule
• asserting a legal right, e.g asking to be paid the National Minimum Wage when you are entitled to it
• doing jury service
• taking action, or proposing to take action, over a health and safety issue
• being involved in a whistleblowing disclosure
• 'compulsory retirement' i.e. when retirement is forced upon you

If you feel that you may have been unfairly dismissed, why not take advantage of our 45-minute fixed-fee employment consultation for £195.00.  Call us confidence on 01827 317070 or email employment@pickerings-solicitors.com