Dismissals

The productivity of any commercial venture is often dependant on a congenial working environment. Minimising the likelihood of issues arising that may result in conflict is, therefore, sound business practice. However, the reality is that many different workplace conflicts do arise and can lead to dismissal of an employee and Employment Tribunal claims being brought by disgruntled employees.

Unfair Dismissal

The word ‘dismissal’ in employment law is used to refer to termination of an employment contract. If dismissal is in breach of one or more contractual terms, it is referred to as wrongful dismissal. However, dismissals can also be fair or unfair depending on whether or not dismissal procedures (e.g. investigation and disciplinary meeting) were followed and had good reasons to dismiss you.

You must now (in most cases) have been employed for at least two years to bring a claim at the Employment Tribunal for unfair dismissal. A dismissal can be automatically unfair if you were dismissed because you were pregnant, or for family reasons (e.g. time off for adoptions, making paternity or maternal leave applications), or due to your gender, religion or belief.

Redundancy Dismissals

You may also be dismissed for reasons of redundancy, but your employer will have to prove that genuine economic or some other reason existed before dismissing you. Even if there is plausible reasons for redundancy, your employer may have selected you unfairly and this in itself can give rise to claim of unfair redundancy dismissal. We can advise on how to respond to your selection and any performance or other allegations given to justify their position. 

Constructive Dismissal

You may not have been dismissed, but decide that the situation is such that you can no longer work in the environment due to the way in which you are being treated or because your employer has fundamentally changed the terms of your contract without consulting you in a way that has damaged your relationship. In such circumstances, the law permits you to resign and bring a claim for constructive dismissal for breach of contract.

What can we do to help?

If you have been given notice of redundancy dismissal, or have been invited to attend disciplinary proceedings by your employer, we can assist you in preparing for such meetings, to liaise with your employer, or assist you in bringing your claim if you are eventually dismissed and have grounds to bring a complaint at the Employment Tribunal.

Employment Lawyers, London

If you do wish to bring a claim for dismissal, we may be able to assist with you as we offer a range of option for funding litigation including a range of flexible fixed fee structures. Contact our expert employment lawyers for advice on 02035406340, or alternatively, email us on contactus@merchistonsolicitors.co.uk, or complete the online enquiry form below.

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