Unfair Dismissal Solicitors – UK Employment Compensation Claim Lawyers
Our unfair dismissal solicitors deal exclusively in employment matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially about unfair dismissal to an experienced solicitor just use the helpline, email or complete and send the contact form.
An employer is entitled to terminate employment however any termination must be carried out in a reasonable manner. It may be reasonable to terminate someones employment if they cannot do their job properly or as a result an act of serious misconduct or if they are unable to carry out their work for any other reason.
Employment termination may be by way of redundancy if an employer no longer needs someone to carry out a particular type of work, and employees with more than two years continuous service are entitled to redundancy pay. If the redundancy is a sham then there may be a case for an unfair dismissal compensation claim.
When a business, company or corporation has to close down or an individual’s skill set has become obsolete due to a change in business plans or an upgrade in technology shifts a business’s focus, management may have the task of dismissing one or more employees which is known as redundancy and is legal. A worker who has been employed for a continuous period of two years or more and is selected for redundancy is entitled to a redundancy payment. When management’s claim of redundancy is judged to be false and used as a cover for inappropriate termination of employment, the dismissed worker might have a claim for compensation for unfair dismissal before the Employment Tribunal. Compensation for unfair dismissal is often substantially higher than the appropriate redundancy payment.
Employers must always apply reasonable and fair procedures for termination of employment. Conscientious employers provide even substandard workers with notice of their inappropriate or deficient behaviour and a reasonable time frame to correct that deficiency. If the deficiencies are not corrected, management must examine the incidents or performance carefully prior to dismissal. Employers who fail to perform these reasonable methods might be looking at an unfair dismissal solicitors compensation claim in the Employment Tribunal.
In all cases involving termination of employment an employer is required to be fair and reasonable which usually includes issuing warnings about unacceptable behaviour if he is to avoid legal action before the Employment Tribunal. Prior to termination of employment an employer is required to investigate the circumstances thoroughly and be able to justify his actions and if he fails to do so a claim for compensation can be made to the Employment Tribunal.
To claim compensation the employment must normally have been for one year or more. To justify termination of employment an employer must prove that it was for one of five permitted reasons which are :-
- wrongful conduct
- illegal acts
- an employee is unwilling or unable to complete the responsibilities of their position
- other significant reasons
Compensation awards for unfair dismissal take two forms :-
- Basic Awards for unfair dismissal are based on age and employment length in the business, (although there is a proposal to eliminate the consideration of age).
- Compensatory Awards have financial statutory caps and include loss of benefits and/or personal expenses etc.
The time limit for filing a claim in the London Employment Tribunal is 3 months from the date of termination of the contract. If the employee does not give the employer any notice the effective date of termination is the date on which the termination of employment takes effect. If the employee does give notice then the effective date of termination is the date on which the notice expires. The tribunal can exercise discretion and in appropriate circumstances can extend the time limit for making an application for compensation where it was not reasonably practicable to file the claim in time.
Unfair Dismissal Solicitors
Our unfair dismissal solicitors deal with compensation claims heard by the Employment Tribunal using the risk free no win no fee scheme. You do not have to pay anything upfront and in the unlikely event that you do not receive compensation, you will not be charged any legal costs. If you would like legal advice without further obligation from an experienced employment solicitor just call the helpline or complete the contact form or email our offices.