Unfair Dismissal Compensation Claim Solicitors - UK Employment Tribunal

An “unfair dismissal” occurs when an employee is dismissed by their employer for reasons that are unreasonable or unlawful. Employees have the benefit of statutory protection from suffering unfair dismissal however not all terminations are unlawful or unwarranted. An unfair dismissal solicitor can give you advice about what qualifies as a reasonable dismissal or lawful termination of a contract of employment. Unreasonable behaviour by an employee includes: violence or incidences of rage directed toward employers or co-workers, assault, intoxication by drugs or alcohol, theft, frequent absences or tardiness, repeated unacceptable dress or attire and any unfriendly behaviour that has a harmful impact on the business which affects customer relations, clients or co-workers. It also includes an employee who is unable or unwilling to perform contractual commitments due to a lack of knowledge, skill, educational background or proficiency (particularly those that were misrepresented on their CV).

Every employer has a legitimate right to terminate an employee whose behaviour is unacceptable or illegal or an employee who cannot perform the duties required of their position. Although there are a large number of legal and fair reasons for dismissal, terminations must be within employment law guidelines. In a case where the grounds for dismissal are unreasonable, the employer may have to deal with an unfair dismissal claim for compensation filed in the Employment Tribunal by an employment law solicitor.

Redundancy

A legitimate redundancy is a lawful reason for terminating a contract of employment in cases where the business is no longer capable of supporting the current workforce or the business no longer has a need for a certain skill set. In this case a business needs to reduce the workforce for genuine reasons and as a result, provided proper procedures are followed, termination of employment may be both reasonable and lawful.

Not all claims of redundancy by an employer are genuine. An employer may try to use redundancy as an excuse to dismiss an employee when no lawful reason exists. Some may do this because the compensation for redundancy is less than the compensation for an unfair dismissal. Our unfair dismissal solicitors can give advise on possible legal action for unfair dismissal in the case of a sham redundancy or where there is some question or doubt about the prima facie veracity of the redundancy case.

Unlawful Termination

There are many instances of unlawful termination or unfair dismissal including:-

• intolerance, unequal work conditions or pay based on sex, race, religion, disability or age bias
• employee taking lawful maternity or paternity leave
• taking time off for antenatal clinic or pregnancy medical appointments
• employee refusing to work over 48 hours per week
• a medical condition that does not interfere with the accomplishment of duties
• joining or refusing to join a trade union
• tangible concerns about industrial action

Unfair Dismissal or Redundancy

When a workers’ particular skillset is no longer required or the company, business or corporation is closing down, the employer might have to terminate the employment of one or more workers; this termination is legal and called redundancy. Employees who have worked for a business consecutively for a period of two years and are terminated on the grounds of redundancy are entitled to redundancy compensation. If an employee suspects they have been terminated for reasons other than redundancy, the dismissed worker might have a case of unfair dismissal, with possibly higher compensation.

The procedures an employer utilises for termination must always be reasonable and fair to all workers regardless of the situation involved. Diligent employers always give substandard employees the opportunity to correct their deficiencies or inappropriate behaviour. If the offending behaviour or substandard performance is not corrected, the employer must investigate the performance or incidents carefully and completely before termination. Employers who fail to conduct these reasonable measures might be liable to pay compensation, if a claim submitted by an employment law solicitor for unfair dismissal is upheld by the Manchester Employment Tribunal.

Compensation for Unfair Dismissal

The following five reasons are permissible for lawful dismissal:

• wrongful conduct
• illegal acts
• redundancy
• inability to accomplish the duties of their position
• other undefined but significant reasons

When considering whether or not to file a claim for unfair dismissal in the the Employment Tribunal, an unfair dismissal solicitor must consider the two following stipulations: a worker must have completed a minimum of one year employment with the business and the worker must be under the conventional age of retirement.

Compensation awards in claims for unfair dismissal include a basic award and a compensatory award. Basic awards have statutory caps and are determined by age and length of service (although there is a proposal to eliminate the consideration of age). The compensatory award also has a statutory cap, but the cap is significantly higher and may provide additional compensation for financial losses suffered by the employee caused by the dismissal.

Unfair Dismissal Time Limits

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.

Unfair Dismissal Solicitors

Our solicitors have extensive experience in providing legal representation in disputes regarding unfair dismissal. They can determine if yours is a matter of unlawful dismissal, redundancy or a case of legal termination of employment. Our lawyers will attempt to reach a compromise with your employer however if a settlement cannot be reached they will make an urgent application to the Employment Tribunal to determine the issues.

If you feel you have been the victim of unfair dismissal, please contact us today on our helpline or email our solicitors offices. Our unfair dismissal solicitors are specialists in employment matters and represent clients throughout the UK.