Unfair dismissal is the legal name given to the situation where an individual's employment is terminated by their employer without having been given a fair reason for the dismissal, or where the employer did not follow the correct process for the dismissal or where the dismissal reason is automatically unfair (such as gender, age or whistleblowing).
An employer does have the right to dismiss employees for reasons related to their conduct (such as substance abuse or theft), ability to do their work (ie performance-related) or long term illness.
If you believe you have been dismissed for any of the above reasons then one of our recommended employment solicitors can help you make a claim to an Employment Tribunal for unfair dismissal. Please bear in mind however that significant financial compensation is only awarded for unfair dismissal where your employment has lasted for more than twelve months.
Unfair dismissal claims are most often made in relation to the following issues: :
- exercising statutory employment rights and a request such as (but not restricted to):
- not to be discriminated against because of gender, race, disability, religion, sexual orientation or age
- maternity, paternity or adoption leave
- a payslip
- a minimum notice period
- the right to request flexible working arrangements
- protection against unlawful deductions from wages
- being paid during suspension on medical grounds
- whistleblowing
- before, during or after business transfers
- unfair selection for redundancy
- on the grounds of pregnancy or maternity rights
- in connection with disciplinary or grievance hearings
- working hours, times or location
- relating to the National Minimum Wage (such as requesting it or reporting your employer for not providing it)
- trade union reasons (such as being or refusing to be a member of one)
- activities performed as an employee representative
- taking action on health and safety grounds.
Contact Law works with a national network of specialised employment solicitors and can put you in touch with the right solcitor according to your requirements and needs. They can negotiate with your employer or launch an employment tribunal claim on your behalf. Many of our recommended solicitors will consider taking cases on a “no win no fee” basis where there is strong evidence supporting a successful claim. Please be aware however that in some instances it will actually be more cost-effective to engage a solicitor on a fixed fee or hourly fee basis rather than a no-win-no-fee arrangement.
