Legal advice for unfair dismissal
Reasons for dismissing an employee
Your employer must have a good reason for dismissing you and has to show that the reason is genuine and justified. There are five potentially fair reasons for dismissing an employee, which are:
- Your conduct
- Your capability
- A statutory restriction
- Another substantial reason
For the dismissal to be deemed to be fair, the employer must show that at least one of the above reasons is directly related to the dismissal and that an appropriate process was followed prior to that dismissal.
Unfair dismissal rights
If you have been dismissed, you have a right to a written statement explaining why and whatever the reason. Your employer has to act fairly and in accordance with its internal procedures and any relevant statutory codes of practice that are applicable. If they do not, the dismissal may be unfair.
If your employer will not give you the reason(s) for your dismissal, or if you dispute the reason(s) given, you can make a complaint either through your company’s grievance procedure or to an Employment Tribunal. You normally need at least two years’ service before you can make a claim for unfair dismissal.
An Employment Tribunal will look at the circumstances of your dismissal, which will include:
- The investigation process/procedure followed by your former employer;
- Whether the reasons given by the employer for dismissing you were just, reasonable and proportionate in the circumstances;
- Whether the business followed the Acas Code of Practice on Disciplinary and Grievance Procedures, if applicable; and
- The size and resources of the business.
Should the Employment Tribunal rule in your favour, they can make the following orders:
- Re-instatement of employment – you will return to your former job role;
- Re-engagement – the employer offers you an alternative job role that is comparable to the job that you were previously dismissed from; or
- Financial compensation.
How our team of employment law solicitors can help with unfair dismissal claims
If you have been dismissed by your employer without a justifiable reason or appropriate process, you may be able to bring an unfair dismissal claim against them. At Nelsons, we have a team of expert employment law solicitors in Derby, Leicester and Nottingham who specialise in representing employees in unfair dismissal claims and are happy to discuss your situation.
We want to ensure that you don’t pay more than you need to for advice on your employment law issue and offer initial appointments where you will see a member of our employment team based on the complexity of your case and their experience and expertise. The charges for these appointments are based on our hourly rates and include up to a one-hour appointment, where you will be able to find out what your legal rights and options are, along with confirmation of our advice after the appointment.
For further information on how our expert team of solicitors in Derby, Leicester and Nottingham can assist you with a claim, please call 0800 024 1976 or contact us via our online enquiry form for a guaranteed response.
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