Claim for Unfair Dismissal
If you feel that you have been unfairly dismissed by your employer, it is important to know your rights so you know whether you can claim for unfair dismissal. In some cases, your employer may not even provide you with any notice or warning prior to the dismissal, leaving you unemployed and worrying about where your next pay check is coming from. If you think that you qualify for an Unfair Dismissal Payout, you’ll need help and guidance from a solicitor specialising in the area.
So, what is unfair dismissal? If your employer dismissed you without providing a valid reason that can be justified, you have been unfairly dismissed. In addition to this, if your employer failed to act reasonably under the circumstances, there’s a good chance you will be able to seek compensation. An employer must follow certain rules and regulations before they can fairly dismiss an employee, whether the employee works full-time or part-time, everyone must be treated equally. There are four main reasons that justify a dismissal. They include redundancy, workplace performance, disciplinary issues and “for some other substantial reason”.
In order for an employer to dismiss an employee fairly, they must follow certain procedures. In the circumstance of wanting to dismiss somebody because of misconduct or their workplace performance, the employer is unwise not to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Save in cases of gross misconduct the employer must also provide a notice period, the length of time of which will be stated in your employment contract or the statutory minimum notice period.
To qualify for claims for unfair dismissal, generally you must have at least two years of continuous service. However, there are exceptions to the rule. If you feel that you have been discriminated against, you should seek advice since there is no minimum Qualifying Period for dismissals linked to different types of discrimination. There are other exceptions too, especially where employees are treated badly or dismissed after seeking to pursue legal rights or whistleblowing.
For guidance and help, you should seek out professional Unfair Dismissal Solicitors who will be able to help you with your dismissal case by evaluating the circumstances and deciding whether or not you are eligible to claim for unfair dismissal. Davies and Partners Employment Solicitors specialise in advising employees on the legitimacy of a dismissal. If you are successful for an unfair dismissal claim, you will be awarded a basic award according to your age, the length of service and remuneration. We can also help you claim compensation largely for loss of earnings. This award is up to a maximum of 1 year’s salary or a cap of £78,335, depending on which number is the lowest.
If you are an employer and find yourself facing an unfair dismissal case by a previous employee, Davies and Partners Employment Solicitors can help defend your case. We can help you with even the most complex Employment Tribunal case.
As professional Unfair Dismissal Lawyers, Davies and Partners Employment Solicitors specialise in matters such as unfair dismissal, employment discrimination and redundancy payments. Get in touch with us today to discuss how we can help you claim compensation for unfair dismissal or fight against a claim made against you by an employee.