Unfair Dismissal Solicitors - Employment Compensation Claims
Our panel of specialist solicitors provide legal representation in matters of employment disputes. They are experts in employment law and have extensive experience representing clients in cases of unfair dismissal. If a settlement cannot be reached with your employer then your unfair dismissal solicitor will make an application for compensation to the Employment Tribunal.
Unfair dismissal solicitors & no win no fee
UK Solicitors must, under their professional rules, provide their clients with the fairest deal which is why many utilise a risk free no win no fee payment scheme. If your unfair dismissal solicitor does not win your case, then you pay no legal fees. In successful cases where compensation is obtained, the legal fee will comprise a set percentage of the total sum recovered.
Definition of unfair dismissal
Understanding what is meant by the term ‘unfair dismissal’ is really quite simple and straightforward - it occurs when an employee is dismissed for reasons that are unlawful and unreasonable - your unfair dismissal solicitor will be able to give you advice on this matter. A qualifying former employee is eligible to bring a claim to the Employment Tribunal to seek compensation. Alternately, the employee can seek reinstatement, wherein the employer is ordered to allow the employee to return to work.
Statutory provisions & contract of employment
Employees are protected by a variety of statutes. For example, various types of discrimination in the work place are made illegal by the Race Relations Act, the Disability Discrimination Act and the Sex Discrimination Act. In addition to legislation, an employee’s employment contract is another source of protection from unlawful actions on the part of the employer. You can discuss these issues with your unfair dismissal solicitor who will be able to give you free advice.
Termination of employment that is not unfair
Of course, not all dismissals are unfair or unlawful. Your unfair dismissal solicitor will be able to give you free advice on what qualifies for legal action in the Employment Tribunal. There are a number of circumstances under which an employer is fully entitled to terminate an employment contract. These circumstances include :-
An employee whose conduct is unacceptable: Unacceptable conduct can include continuous absences, frequent tardiness, theft, assault, coming to work inebriated, violent or abusive behaviour or coming to work with an unsuitable appearance. It also includes any type of anti-social behaviour that has proven to have a detrimental effect on the business, including its effect on clients, customers and other employees.
An employee who is incapable of carrying out the duties of their job: An employee may be unable to perform their job because of a lack of skill, training, knowledge, education or competence.
Redundancy: When genuine, redundancy is a legitimate reason for terminating an employment contract. Redundancy is a situation where either the business closes down or there is a reduced need for workers with the employee’s particular skill set. However, not all claims of redundancy are legitimate. Sometimes employers attempt to use redundancy as an excuse for dismissing an employee when no lawful reason exists. One reason for doing this is because a redundancy payment is less than an award for unfair dismissal. Your unfair dismissal solicitor will discuss any potential compensation claim before the Employment Tribunal in cases that are prima facie redundancy situations but where there may be some doubt about the integrity of the employer’s actions.
In situations where continued employment of the individual concerned would be illegal or would be a breach of statutory duty however this is another situation that may be open to legal argument and you should take advice from an unfair dismissal solicitor on the lawfulness of any dismissal alleging these reasons.
Finally, there is a “catch all” for cases where some other substantial reason justifies the dismissal of the employee. Certainly not all legitimate reasons for dismissal could be contained within a statute, so the Employment Tribunal is given some discretion in determining what is are legitimate reasons for dismissing an employee. This catch all clause may well be misused by an employer and you need to take advice from an unfair dismissal solicitor if your dismissal does fit clearly into any of the prior categories.
Unlawful termination of employment
Situations where the dismissal is clearly unlawful include those which involve :-
- discrimination based on sex, race, religion, disability or age
- an employee taking maternity or paternity leave
- refusal to work more than 48 hours per week
- a medical condition which has no effect on the employment
- membership or non-membership in a trade union
- certain matters related to industrial action
Our specialist employment law solicitors will provide legal advice on all matters related to unfair dismissal. For your no charge telephone consultation, simply email our offices or call our helpline. Receiving a free consultation does not obligate you to proceed with a claim.