Unfair dismissal is one of the most common complaints by employees against employers. In any case of dismissal, it is up to your employer to prove that your dismissal was fair and lawful. There are various reasons that an employer can rely on to fairly dismiss an employee. These include performance, conduct, ill health, redundancy and some other substantial reason (which may include a business reorganisation or a breakdown in the working relationship).
Normally an employee needs two years’ service to bring an unfair dismissal claim, but there are some circumstances which allow employees with less than two years’ service to bring an unfair dismissal claim. It is therefore always worth taking advice as to whether you have an unfair dismissal claim.
How Do I know If My Dismissal Was Unfair?
A dismissal can be unfair for a number of reasons and it is best to take legal advice on your specific situation as no two cases are the same. Factors that may indicate an unfair dismissal include:
- The dismissal was not carried out for one of the ‘fair’ reasons for dismissal (such as conduct and performance).
- The employer did not follow the correct procedure before dismissing you.
- You were dismissed because you raised a complaint about certain issues, which could include health and safety issues and breaches of your statutory rights.
- You were dismissed due to ill health but in circumstances where you were able to return to work with adjustments in place.
- You were dismissed for gross misconduct, but the offence was not that serious.
- You were dismissed because your employer sold their business.
How Can Gorvins Help?
If you have been dismissed, then it is important to take advice to understand whether the dismissal was fair. Gorvins can:
- Advise you on the fairness of any dismissal and your options.
- Help with drafting an appeal against dismissal,
- Advice on obtaining an enhanced compensation package under a settlement agreement.
- Advice on making a claim to an employment tribunal.
If the dismissal has arisen as a result of a business transfer such as an acquisition, merger or outsourcing, special rules may apply which protect your employment under TUPE. We have in-depth knowledge on how to apply these to ensure your rights are protected.
With extensive experience in advising on all unfair dismissal matters, you can trust that you are in the best hands for achieving the desired outcome. Once we have all the relevant information from you, we can assess the best way forward for you and advise on how to best protect yourself.
Contact our employment lawyers today
To discuss your unfair dismissal matter or to find out more information about how we can help, please contact our employment team today on 0161 930 5151 or send us an e-mail to employmentteam@gorvins.com.
Alternatively, you can contact us using our online form.
