Lawyer Unfair Dismissal – Unfair dismissal lawyers can assist with anything relating to unfair dismissal, redundancy, wrongful dismissal, and a range of employment law matters.
Finding a lawyer for unfair dismissal can have a significant impact on your case and having that expert legal advice and support available to you can be essential.
Unfair dismissal occurs when you were:
- Not given a fair reason for your dismissal
- Or not given enough reason to justify your dismissal
- Or not allowed a full and fair dismissal procedure
It’s different from wrongful dismissal, though, which is where an employer has breached the terms of an employee’s contract.
Unfair Dismissal Lawyers
If you think you’ve been unfairly dismissed by your employer, it can be difficult to process.
The best thing you can do is to speak to an expert solicitor for unfair dismissal to discuss your specific situation so they can help you figure out what the best option is for you and how to proceed.
The Acas Code of Practice sets out standards on the disciplinary and grievance procedures, so if your dismissal is related to any misconduct or performance issues (other than illness) then it’s covered by the guidelines.
Your employer should outline what their appeal process is so that you’re able to challenge the decision if you wish – this is a key part of the code of practice which while isn’t a legal requirement, does set out the minimum standards expected.
Some things are ‘automatically’ unfair if they are the main reason you’re dismissed, including:
- Requesting flexible working
- If you resign and give the correct notice period
- Taking time off for jury duty
- Joining a union
- Applying for or receiving maternity, paternity, or adoption leave that you’re entitled to
- Refusing to give up working time rights
- Asking for a legal right such as receiving the national minimum wage
- Taking part in legal or industrial action for less than 12 weeks
Many other instances might be classed as unfair dismissal (being forced into compulsory retirement or whistleblowing being two significant ones), but if you feel like you’ve been treated unfairly or if you’re unsure whether the proper procedure was followed, you should speak to someone.
Whether it’s a union representative, an unfair dismissal solicitor, or an expert, you must outline all the facts in your case – and it’s important to speak to someone as soon as possible as any unfair dismissal claim must be made within 3 months of your final day with your employer.
What Is Constructive Dismissal?
Constructive dismissal is when you’re forced to leave your job because of your employer’s conduct.
It’s usually a serious reason that results in you leaving against your will such as not being paid, being demoted without just cause, allowing bullying to occur, or forcing you to accept unreasonable changes to your work.
Anything that could be classed as a breach of contract or employment law can come under the banner of constructive dismissal if you feel like you have no other choice but to leave your role.
Contrary to popular belief, constructive dismissal doesn’t have to be one standalone incident. While it might be a serious incident that causes the issue, it can also be a series of incidents over a period of time that causes the issue.
It might be possible to resolve the issue with your employer but if you feel like you have no other option, you can make a claim for constructive dismissal.
The reality is that if you choose to stay despite feeling as though you have grounds to make an unfair dismissal claim, your employer might try to claim that by staying, you accept the situation in an attempt to refute your claim.
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