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Unfair,Wrongful or Constructive Dismissal
We have acted for a substantial number of employees who have been unfairly dismissed, wrongfully dismissed or as a result of an action or event have had to claim constructive dismissal. There are strict time limits in bringing a tribunal claim if you believe you have been unfairly dismissed you should contact us without delay.
There are reasons which will allow your employer to fairly dismiss you, such reasons may include for example:-
- Your conduct
- Your capability to do your job, this includes long terms sickness or ill health
- You were dismissed legitimately by way of redundancy
- Retirement (subject to some exceptions)
- A statutory restriction - e.g. you lose your driving licence when you are required within your job to drive, continuing to employ you would be tantamount to your employer breaking the law
- Substantial reorganisation of the workplace and your refusal to accept changes to your employment terms
We can assist in all employment problem areas
- We can advise you on how to make or draft a grievance and how the process should operate once submitted
- We can advise on discriminatory practices and determine whether you employer is acting fairly
- We can offer advice about long term sick leave and whether you could be dismissed on capability grounds
- We can advise on all maternity and paternity issues
- Are you being victimised, bullied or harassed?
- Are you unfairly discriminated against on the grounds of sex, race, age or disability?
- Have you been paid your bonus? Or was your pay review unfair or unequal against a certain class of worker?
- Are you being asked to vary your contract of employment (for example less pay or more hours?)
- Have your employers deducted money from your pay they are not entitled to deduct?
- Are you forced to work excessive hours, give up holiday entitlement or daily breaks?
- Have you been dismissed either before or after your employer sold his business as a going concern?
- Were you told your position would no longer exist even though you know this not to be the case?
- Have you left your employment and found yourself party to injunction proceedings which seek to restrict you or prevent you from doing something in your new employed position?
Speak to our specialist Employment Lawyers who will deal with all your employment needs. Very often an Employee will only need approximately an hour of time to run through all the various problems they are experiencing. We can usually offer you a range of options you might consider in moving matters forward and in our experience this has been invaluable to Employees in obtaining solutions. Knowledge of all your employment rights is an invaluable tool.
Automatic Reasons For Unfair Dismissal Include:-
Employers must follow certain dismissal procedures before they can lawfully dismiss an employee who has 12 months or more service. For workers who have less than 12 months service (their remedy generally is limited to wrongful dismissal) may still fall within the criteria for an automatically unfair dismissal if for example the employee was dismissed for exercising a statutory right, like the right to written particulars of your terms and conditions of employment.
Other Automatically Unfair Reasons Might Be:-
- Because you are pregnant.
- You take or ask to take statutory maternity, paternity or adoption leave.
- You are or intend to be a trade union member, or you refuse to join a union.
- You exercise your rights under the National Minimum Wage Act.
- You complain about a health and safety problems at work or report wrongdoing known as ‘whistleblowing’.
- You exercise your rights in connection with a statutory grievance or disciplinary procedure.
- You take part in official industrial action that lasts less than 12 weeks.
- You are required to take time off for jury service.
- You ask to work flexibly providing you have the right to do so.
- You exercise your rights under the Working Time Regulations.
Where an employee is dismissed due to Sex, Race, Age or Disability discrimination, an employee should bring a claim for discrimination rather than unfair dismissal. If successful they are likely to receive more compensation.
There are many situations where a dismissal will be unfair, talk to us to find out in greater detail whether you have been treated unfairly.