Unfair Dismissal

Unfair Dismissal Solicitors

Under the Employment Rights Act 1996, an employee cannot be dismissed unfairly. Please read the full Act here, which states what the right is, who it applies to and the remedies where the right is breached.

There are many circumstances in which dismissal is allowable, whether for redundancy or following a disciplinary or performance management process. In these cases, as an employer, you must show good reason for the dismissal and have acted reasonably in holding that reason as sufficient grounds for dismissal.

In all cases, employers must follow best practices by following regulations and legal guidance to mitigate any potential risk and promote positive morale within the workplace.

When dismissing an employee, the employer should seek the appropriate legal advice. At Bowsers Solicitors, our team of employment lawyers have a comprehensive understanding of employment law and can advise accordingly.

Solicitor for Unfair and Wrongful Dismissal Near Me

Unfair dismissal relates to statutory rights, whereas wrongful dismissal relates to contractual rights.

Cases of wrongful dismissal relate to cases by which an employer has breached the terms stated in an employment contract. This might include:

• Insufficient notice period for termination of employment where a minimum fixed notice is applicable.
• Terminating a fixed-term contract before the date agreed in the contract.
• Breach of contractual disciplinary or redundancy procedures.

In many cases, wrongful dismissal claims are avoidable. Therefore, an employer should always revisit the terms and conditions and/or employment contracts before dismissing an employee.

For unfair dismissal claims, an employee must be able to prove one or more of the following:

• There was no reason for the dismissal.
• The reason for dismissal was not justified.
• The employer did not follow fair procedure.

Rights for an employee may vary if they have worked for the employer for less than two years, however, all details should be checked in the relevant documentation before an employer proceeds with the dismissal.

Failure to comply with the laws surrounding dismissal may result in an employer having an unfair dismissal claim brought against them.

Throughout an unfair dismissal claim, there are strict timeframes and procedures that must be adhered to.

If you are an employer seeking advice, please contact our experienced employment lawyers today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.