Unfair dismissal solicitors are experts in unfair dismissal, redundancy and all things relating to employment law.
Finding a solicitor for unfair dismissal can be crucial to ensure that you achieve a positive outcome in your case.
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
Crucially, it’s different from wrongful dismissal, which is where an employer has breached the terms of an employee’s contract.
What Happens If I’m Unfairly Dismissed?
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. If those standards aren’t met, a court or employment tribunal is likely to look upon the employer unfavourably.
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.
You should also know that you don’t need to have worked for your employer for 2 years to be able to make an unfair dismissal claim if it’s for a reason that is classed as ‘automatically’ unfair.
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.
Making An Unfair Dismissal Claim
Making an unfair dismissal claim can feel like a big decision.
You shouldn’t dwell on it for too long, though, because any claim must be made within 3 months (less 1 day) of your employment ending – that is either the last day of your notice period or the day you were dismissed if you weren’t given notice.
When it comes to compensation, unfair dismissal claims are calculated based on two parts in an Employment Tribunal. There’s a maximum amount you can be awarded, with the two parts split into a ‘basic award’ and a ‘compensatory award’.
The basic award is calculated as follows:
- Half a weeks’ pay for each complete year of employment under the age of 22
- 1 weeks’ pay for each complete year of employment between 22-40
- 1.5 weeks’ pay for each complete year of employment aged 41+
A weeks’ pay for these purposes is capped at £544 and the maximum award is 30 weeks’ pay, meaning the basic award is capped at £16,320.
The compensatory award covers things such as lost earnings, benefits, pensions, and bonuses, and it’s also capped at whichever is lower, 52 weeks’ gross pay or £89,493.
So, the maximum you can be awarded in an unfair dismissal claim at an Employment Tribunal is £105,813.
There are exceptions that have a higher limit, such as if you’ve been automatically unfairly dismissed or if you were a whistleblower.
Unfair Dismissal Solicitors Near Me
If you need help or advice for an unfair dismissal case, we’re here to help.
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