UNFAIR DISMISSAL SOLICITORS - NO WIN NO FEE CLAIM

All employers have the right to dismiss an individual if the employee commits a serious breach of conduct or can no longer perform the necessary duties of the job; there are many potentially fair and legal reasons for termination. The termination must be carried out in a reasonable manner, however, and there must be reasonable grounds for the dismissal, or the employer could face an unfair dismissal solicitor issuing an application for compensation in the Employment Tribunal.

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If a business is shutting down, or if it no longer has a need for an employee with that employee’s specific set of skills, an employer may legally terminate that employee; this is called redundancy. An employee that has worked continuously for the employing organisation for at least two years and is dismissed due to redundancy is entitled to a “redundancy repayment.” If, however, false claims of redundancy are found to be a cover for a lack of reasonable termination reasons, the terminated employee may claim unfair dismissal.

An employer always needs to be fair and reasonable in his or her process of termination, no matter the situation surrounding the dismissal. It is within the best interests of conscientious employers to always provide employees with reasonable warnings regarding troublesome behaviour. If the situation is not rectified by the employee an employer must look into the specifics thoroughly prior to termination. An employer who fails to meet the reasonable criteria may face a claim by an unfair dismissal solicitor before the Employment Tribunal and may have to provide the employee with compensation.

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Five permissible reasons exist for a lawful termination: wrongful conduct, illegal actions, redundancy, lack of capability to perform the duties of the job or some other reason deemed substantial. To claim unfair dismissal, an individual needs to have been employed by the organisation for at least a year, and they should be under traditional retirement age.

There are two types of compensation awarded in successful unfair dismissal cases: the Basic Award and the Compensatory Award. Basic Awards are dependent upon the age and length of job duration of the employee and are capped by statute; however, the Compensatory Award, though also capped, is much higher, and provides compensation for any financial loss encountered by the employee as a result of the dismissal, including but not limited to loss of personal expenses or benefits.

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If you believe your employer has unfairly dismissed you, it is important that you contact an experienced unfair dismissal solicitor as soon as possible, as a claim must be filed with the Employment Tribunal within three months of termination. The “effective date of termination” is the date that the dismissal notice expired; if no notice was given, the effective date is the date on which the dismissal of the individual occurred. The Employment Tribunal is allowed to exercise discretion in regard to time limits, and if they feel reasons exist for failure to file the claim within the given period, they have the ability to extend the deadline.

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