Unfair Dismissal is when your Employer dismisses you for an unfair reason, or the correct procedures for dismissing you are not followed.
Every employee has the right not to be unfairly dismissed. If you feel that you have been unfairly dismissed, you have three months from the effective date of termination of the employment to make a claim. To bring a claim you may need to show that you have been employed for at least one year (or two years if your employment commenced on or after 6th April 2012)
In some cases there is no need to show employment for one year or two years. These are cases where the dismissal is automatically unfair, and for example they include cases where the dismissal is for a reason connected to:
- Trade union activities
- Asserting your statutory rights
At Hoole & Co. we deal with all types of employment law cases. We represent employees and employers, so whichever side of the dispute you are on, we can help.
Dismissal – What is fair and unfair?
When dismissing an employee, an employerhas to show that the dismissal was for one of five permitted reasons.
- Capability or qualifications to do the job
- Conduct or illegality whilst at work
- Statutory regulations prohibiting continued employment
- Some other substantial reason which justifies dismissal
Employers following the correct procedure
Many unfair dismissal cases are won by employees because employers did not follow the correct procedures.
If your Employer is going to dismiss you they should follow a fair and consistent procedure and at the very least
- Advise you that they are starting a procedure that may result in your dismissal
- Invite you to a meeting to inform you of their decision followed by notice in writing of that decision
- Give you the right to appeal against their decision
Making a claim for Unfair Dismissal
Specialist advice should always be sought when dealing with any unfair dismissal matter. Please contact us today to speak to an experienced Solicitor.