Unfair Dismissal Claim – are you looking to make an unfair dismissal claim?
As an employee, you have a right not to be unfairly dismissed. If you have been sacked and you believe that it was unfair, you are advised to speak to an expert employment solicitor as soon as possible.
Do You Need Help Finding Unfair Dismissal Claim Solicitors Near Me?
At Solicitors Near Me UK, we can connect you with an unfair dismissal lawyer who will be able to advise you of your rights and discuss the next steps to be taken.
If you have been unfairly dismissed or wrongfully dismissed, you may be entitled to bring a legal claim against your employer.
Your solicitor may be able to reach a negotiated settlement on your behalf or they will support and represent you at an Employment Tribunal hearing where necessary.
Why Do I Need An Unfair Dismissal Solicitor?
If you have worked for your employer for two years or more, you have a legal right not to be unfairly dismissed.
In some circumstances, you do not have to have worked there for two years to bring a claim for unfair dismissal.
If you have been dismissed, your employer must be able to demonstrate that it was for a fair reason, as follows:
- Lack of qualifications or ability to carry out your role.
- Gross misconduct, such as failing to follow instructions, a poor attendance record or dishonesty.
- Redundancy, where your employer can demonstrate the proper grounds for redundancy.
- Employing you would break the law, for example, if you were a driver but you had lost your driving licence.
- Some other substantial reason, such as a personality clash or not renewing a fixed-term contract where you were recruited to cover maternity leave.
Even if your employer has a fair reason for dismissing you, they must still follow the correct procedure, to include giving you a warning where appropriate or help in improving your performance.
If your case ends up being heard by an Employment Tribunal, they will consider whether all of the circumstances of your dismissal mean that it was fair or unfair.
Automatically Unfair Dismissal
Some reasons for dismissing an employee are automatically unfair, including the following:
- Pregnancy or being on maternity leave.
- Making a request for flexible working hours.
- Asserting a statutory employment right such as requesting family leave or the right to be paid a minimum wage.
- Trade union membership or participating in trade union activities.
- Raising a health or safety concern.
- Taking part in industrial action for 12 weeks or less.
- Being a whistleblower.
- Being given compulsory retirement.
You do not have to have worked for your employer for a qualifying period of two years in order to be able to bring a claim for automatically unfair dismissal.
If you are made to feel that you have no option but to resign, you may be able to bring a claim for constructive dismissal if your employer has breached your contract of employment.
Examples of constructive dismissal include:
- Bullying or discrimination that is not dealt with.
- Unreasonable changes to your work or place or work.
- Not being paid your agreed wage.
- Failure to deal with a grievance that you have raised.
If you feel that you are being pressured into resigning, it is always advisable to speak to an expert employment solicitor first wherever possible, as it can be difficult to bring a constructive dismissal claim.
If your employer has not followed the correct procedure in dismissing you then you may be able to bring a claim for wrongful dismissal.
Examples include not giving you the notice of dismissal to which you are entitled or not allowing you the notice period that you should have. You do not have to have worked for your employer for two years to bring a claim for wrongful dismissal.
Find Unfair Dismissal Claim Solicitors?
We have solicitors from all areas of the UK and Ireland, so that we can put you in touch with experts in unfair dismissal whether you are in England, Wales, Scotland, Ireland or Northern Ireland.
How Much Does Our Find A Solicitor Near Me Service Cost?
Our service in connecting you with an unfair dismissal lawyer is completely free. We will match you with a genuine expert, hand-picked for both their level of service and their in-depth knowledge of employment law.
You will have the chance to speak to them to decide whether they can help you. If you decide to instruct them, you will only incur their costs from that point. Our service in matching you with a solicitor remains free.
Solicitors Near Me Who Deal With Unfair Dismissal
We can match you with an employment solicitor who deals with unfair dismissal so that you can discuss your situation with them and ask any questions you may have. You are always recommended to speak to a solicitor without delay if you are experiencing difficulties at work so that the situation can be dealt with as soon as possible.
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