If you believe you have suffered an unfair dismissal, we recommend that you contact one of our solicitors for an initial consultation.
Awards for unfair dismissal are often fairly substantial. From the 1st February 2008, the maximum award will be increased to £63,000.00.
A claim must usually be brought within 3 months of the end of your employment and we therefore recommend that you contact a solicitor at Advantage Employment Law as soon as possible for advice.
We have a range of attractive funding options, including 'No Win No Fee'.
Unfair Dismissal - The Law
The following is a very brief outline of the law relating to unfair dismissal.
1. Were you dismissed from your employment for an unfair reason?
There are only 5 potentially fair reasons for terminating someone's employment. However, an employer will often allege that one of these reasons applies, when in fact the dismissal was unfair.
These potentially fair reasons are:-
a) Capability
If an employee does not have sufficient qualifications to do the job or if they are deemed to be incompetent, it may be fair to terminate their employment.
b) Conduct
Sometimes the employee's conduct gives the employer good reason to dismiss. This would include theft, fighting, abusive behaviour etc. In some circumstances, it may include misconduct that took place outside of employment.
c) Redundancy
If the employer's business (or part of it) has ceased to operate or has moved to a different place or if the needs of the business have changed, there may be a genuine redundancy situation. In such cases, it may be fair to terminate the employment.
d) Breaking the law
If it would be against the law to continue someone's employment, for example where a driver loses his licence, it may be fair to dismiss.
e) Any other substantial reason
This is very wide and covers a number of employment related reasons, not included above. These would include an employee's refusal to use computers and in some cases, a personality clash.
2. Did the employer follow an unfair procedure?
Even if the termination of your employment was for a potentially fair reason, the dismissal may be unfair if the employer did not follow a fair procedure.
A fair procedure should, at the very least, include the following:-
- The employer should carry out a reasonable investigation before making a decision;
- The employer should arrange a disciplinary hearing at which the employee is given the opportunity to state their case;
- The employee should be notified of the hearing and the reasons for the hearing in writing;
- The employee should be given the right to bring a colleague to the hearing;
- The employer should consider other lesser forms of discipline;
- The employer should notify the employee in writing of the termination of employment and the reasons for it.
- The employee should be notified of the right to appeal against the decision.
3. Compensation
If you have been unfairly dismissed from your employment, you should be entitled to compensation. This is made up of a basic award and a compensatory award
The basic award is determined by your age and length of time you have been in employment. It is calculated in the same way as a redundancy payment.
The compensatory award is intended to compensate you for loss of employment, that is the financial loss resulting from the dismissal. This includes loss of wages up to the date of the Employment Tribunal hearing, as well as future losses.
In some cases, the Employment Tribunal may order the employer to re-instate you into your previous employment.
Very often, an employment dispute can be settled by way of a compromise agreement.
Once again, we recommend that you contact a solicitor at Advantage Employment Law for an initial consultation if you believe that you have suffered an unfair dismissal. |
