Unfair dismissal lawyers
What is unfair or wrongful dismissal?
Employees or workers with qualifying service have to be terminated for a fair reason, such as poor performance, capability, misconduct or redundancy, in which employers are also required to follow a fair process to justify the dismissal. If one or both of these have not happened, then a dismissal may be deemed unfair and/or wrongful. You can also be constructively (unfairly) dismissed if you resign as a result of a repudiatory breach of contract committed by your employer.
Common grounds for unfair dismissal are employers not following their processes, as set out in policies and employment contracts and dismissing for a reason which is not deemed to be fair, such as those directly related to discrimination or whistleblowing.
Employers have to meet criteria for a dismissal to be deemed fair, which includes identifying a fair reason for the dismissal and acting reasonably in dismissing for that reason by following a fair process. If this has not happened in your case, then you may have grounds to appeal the dismissal and/or raise a claim against your employer.
How our lawyers can help
Our lawyers act for both individuals and employers which means we are well equipped for assessing all angles of a claim and how to best position you when dealing with your employer, whether in terms of defending your position or negotiating an exit on favourable terms. They have represented many individuals over the years, advocating in tribunal where necessary, taking ownership of your case from start to finish. They can also guide you on choosing experienced Counsel or other experts when needed.
They can advise you on whether you are engaged as an employee, worker or contractor and what rights are available to you depending on your status.
Our lawyers can support you by:
- Reviewing the merits of your case to determine if you have grounds to pursue an appeal or claim against your employer and provide pragmatic solutions;
- Advising on any other relevant issues, such as discrimination in the workplace and whistleblowing;
- Supporting you with any protected conversations;
- Navigating you through your employer’s procedures;
- Providing robust representation all the way to the tribunal;
- Negotiating an exit package.
Contact Us
If you need assistance and would like to discuss any queries regarding any of the above, please get in touch with our employment law specialists who will be happy to assist.
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