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 email@example.com. Alternatively, you can fill in our contact form.
March and Wisbech Solicitors
Bowsers Solicitors is the firm you can trust when you need us most. We understand that you will want to do all you can to protect your business from employment law claims, and we will do all we can to support you in this, from drafting concise and comprehensive employment documentation to acting for you throughout a litigation or employment tribunal process.
To speak to one of our approachable yet professional solicitors or chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email firstname.lastname@example.org. Alternatively, you can fill in our contact form.
Solicitor for Unfair Dismissal Cambridgeshire
Where possible, it is advisable to avoid unfair dismissal claims. For most employers, this is feasible, provided that they have the appropriate advice, policies and procedures in place as a result of working with a legal professional.
However, it is not always possible to avoid such claims. In this case, Bowsers Solicitors’ experienced employment law team can support you. We have an in-depth understanding of the legal procedures that must be followed for unfair dismissal claims. As a result, we can share sound advice with employers from various company sizes and industries.
Unfair Dismissal for Employees
At Bowsers Solicitors, our lawyers have experience acting for employers and employees for their unfair dismissal matters. Please find out more about our employee unfair dismissal claims service here.
We would never act for both the employee and employer on an unfair dismissal claim, as this would be deemed a conflict of interest.