Unfair dismissal lawyers in London & Thames Valley
Dismissal situations can be difficult for all those involved. Our employment solicitors can offer clear and timely tailor-made advice to guide you through the process. Every employee who has been employed for at least 2 years “the qualifying period of service” has the right not to be unfairly dismissed. In some cases, employees with less than 2 years’ service are also protected.
If there is to be a dismissal, you as the employer must show that the principle reason, falls into one of the categories set out in the Employment Rights Act 1996.
Unless you as the employer can prove one (or more) of the above fair reasons for dismissal, and that your process is fair, then you run the risk of your former employee bringing a claim in the Employment Tribunal, and the tribunal finding your termination to be unfair dismissal.
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FAQs- Unfair Dismissal
Employees with at least two years’ continuous service have the right not to be unfairly dismissed. A dismissal will be unfair unless it has been made for one of five legally permitted reasons and the employer has acted reasonably in treating that reason as sufficient to justify dismissal.
The law also sets out a small number of cases where dismissals will be ‘automatically unfair’ for example where dismissals are connected to whistleblowing or asserting a statutory right. In these cases, it just needs to be shown that the employer dismissed the employee for one of the automatically unfair reasons, there’s no need to consider the reasonableness of the employer’s actions. This type of claim can be brought by any employee, even those with less than two years’ service.
This refers to a situation where an employee resigns due to the actions of the employer. There must be a repudiatory breach on the part of the employer and the employee must show that they have resigned as a result of that breach. The law then effectively converts the resignation into a dismissal for unfair dismissal purposes.
This refers to a situation where an employee is dismissed in breach of contract. This type of claim often arises as a result of an employee being dismissed without the notice that they are entitled to under their employment contract.
These are:
- Capability or Qualifications
- Misconduct
- Redundancy
- Contravention of Statute
- Some Other Substantial Reason
The Government does report on Tribunal statistics quarterly on its website which includes details of average awards. However, average sums will not give an accurate picture of likely compensation as awards can differ substantially.
Where a Tribunal finds that an employee has been unfairly dismissed, it typically awards two types of compensation, a ‘basic award’ and a ‘compensatory award’. There are statutory caps that apply to the compensation available for unfair dismissal claims.
The basic award is calculated in the same way as a statutory redundancy payment. The compensation award is capped at a specific amount prescribed by law (adjusted each year) or 52 weeks’ gross pay if lower.
