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SECURE YOUR NEXT STEPS: THE ESSENTIALS OF UNFAIR DISMISSAL

Leading Experts in Unfair Dismissal. Get in touch.

Have you been unfairly dismissed from work? Let us help you.

Our team of specialist employment solicitors are experts in navigating the complexities of unfair dismissal law.

Enjoy a quick and efficient process, with the convenience of phone or video call meetings tailored to your schedule.

Reach out to us now by calling 0203 675 2747.

More about Unfair Dismissal

What is Unfair Dismissal?

Unfair dismissal refers to a situation where an employer terminates an employee unfairly, without adequate reason or appropriate procedure. The Employment Rights Act 1996 lays out the framework for assessing such cases.

Grounds for Dismissal

Dismissals can only be deemed fair if they fall under one of the following reasons:

Conduct: This includes misconduct and gross misconduct.
Capability: Related to performance issues or ill health.
Redundancy: Where the position is genuinely redundant.
Illegality: When continuing employment would breach legal restrictions.
Some Other Substantial Reason (SOSR): A catch-all category for other reasonable grounds.

We encourage you to reach out for support and guidance, either by calling us directly at 0203 816 3766

or send the word "dismissal" via WhatsApp to 07488 893966.

Alternatively SMS the word "dismissal" to 07488 892816

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Conduct Dismissals

Conduct-based dismissals usually involve a series of warnings unless the misconduct is severe. In cases of gross misconduct, dismissal can be immediate. Employers must follow a fair procedure, typically advised by ACAS guidelines, including investigation, evidence presentation, and an option to appeal.

Capability Dismissals

For performance-related issues, employers should provide feedback, support, and a chance to improve before dismissing. Dismissals related to ill health require a fair procedure including obtaining medical evidence and considering potential reasonable adjustments if the employee is disabled under the Equality Act 2010.

Redundancy Dismissals

Redundancy is valid if there is a genuine decline in the need for employees doing a specific kind of work. Employers must follow a fair redundancy procedure including consultation and consideration for suitable alternative roles. If redundancy is a sham, it may be considered unfair.

Illegality and SOSR Dismissals

Rarely used, illegality justifies dismissal when continuing employment contravenes legislation, like losing a necessary licence for the job. SOSR applies to situations such as contractual disputes. Both require a fair procedural approach similar to other dismissals.

Compensation and Legal Support

Types of Compensation

Awards are determined based on a basic and compensatory amount:

Basic Award: Calculated similarly to redundancy pay, based on age, length of service, and weekly pay (capped at £643 per week, as of April 2023).
Compensatory Award: Covers losses due to the dismissal. It's influenced by how long the employee remains out of work and efforts to mitigate losses.

Average Payouts

The average tribunal award for unfair dismissal is around £10,000. However, settlements outside court average between £6,000 and £7,000.

No Win No Fee Services

We offer no win no fee agreements on cases that have a good chance of success, meaning you only pay legal fees if the case is successful. This arrangement can help employees access legal representation without upfront costs.

Making a Claim

Start by seeking advice from specialist employment solicitors, union representatives, or advisory bodies. If advised to proceed, ensure you meet the timeframe requirements for lodging a claim and consider engaging professional legal assistance to navigate the process effectively.

Eligibility for Unfair Dismissal Claim

Standard Requirement: Generally, you must be employed for a minimum of two years to bring an unfair dismissal claim in an employment tribunal in the UK.
Effective Date of Termination (EDT): This is the date used to calculate your employment duration, starting from your first day until termination. It can vary:

Last day at work if notice period is worked.
Last day of garden leave.
Day dismissal is communicated, if summarily dismissed for gross misconduct.

Exceptions of the Two-Year Rule

Certain dismissals are automatically considered unfair, and you can bring a claim regardless of the length of your employment:

Whistleblowing: If dismissed for making a protected disclosure about wrongdoing or illegal activity by the employer.
Health and Safety: If dismissed for:

Highlighting health and safety risks.
Leaving or refusing to return to work due to health and safety concerns.
Taking steps to protect yourself or others from health risks.

Protected Characteristics: If dismissed due to characteristics like race, pregnancy, or age, you can file a discrimination claim and seek compensation for loss of earnings.
Other Situations:

Dismissal for taking jury service.
Dismissal related to pregnancy, maternity, paternity, or family emergencies.
Refusal to work on a Sunday in certain retail settings.
Refusal to work hours beyond those regulated by the Working Time Regulations 1998.
Dismissal for being an employee representative.
Dismissal for requesting minimum wage or flexible working.
Asserting a statutory right.

In cases of these exceptions, you can pursue an unfair dismissal claim without the need for two years of continuous employment.

Settlement Agreements

A settlement agreement in the context of unfair dismissal is a legally binding contract where an employee agrees not to pursue legal claims against their employer, such as unfair dismissal, in exchange for a financial settlement. For the agreement to be valid in the UK, the employee must receive independent legal advice, and the agreement must be in writing and clearly state the claims being settled. It allows both parties to resolve disputes amicably without resorting to litigation.

Example Cases of Unfair Dismissal

Instant Dismissal: Dismissed on the spot without procedure, often ruled as unfair.
Gross Misconduct: Overly harsh dismissal for minor infractions may be overturned.
Redundancy (Senior Employee): Lack of proper consultation constitutes unfair dismissal.
Ill Health: Dismissal without medical evidence may be unfair.

Winning a Case

Success in unfair dismissal cases often hinges on proving either procedural or substantive unfairness. Procedurally, this means showing the employer didn't follow established guidelines, while substantively it requires demonstrating that the dismissal decision was unreasonable.

Final Thoughts

Unfair dismissal claims protect employees from unjust loss of employment by requiring employers to follow a fair and transparent process. With the right guidance and legal support, employees can pursue just compensation where dismissals have failed to meet statutory and procedural standards.

How Can We Help?

Our specialists are dedicated to assisting individuals facing sexual harassment, guiding them with empathy and professionalism. Whether you need immediate advice and detailed legal consultation, we're here to provide:

Confidential Consultations: Our experienced legal experts are ready to discuss your case, offering tailored advice and straightforward information about your options.

Support and Representation: We can represent you in negotiations with your employer or, if necessary, through legal proceedings, ensuring your rights are protected.

Comprehensive Resources: Benefit from our extensive resources and network of partners who can provide additional support.

If you would prefer. Please click the button below to fill in our online form. One of our team will then reach out to you.

Take the First Step Today

Empower yourself by learning your rights and the actions you can take to reclaim your workplace dignity. Whether you choose to make a report or just need someone to listen and advise you, we are here. Reach out to us in confidence at 0203 675 2747. For for immediate assistance you can WhatsApp "dismissal" to 07488 893966. Alternatively SMS the word "dismissal" to 07488 892816.

Let us help you navigate through this challenging time with confidence, clarity, and care.

What people say...

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