Unfair Dismissal is when your Employer dismisses you for an unfair reason, or the correct procedures for dismissing you are not followed.
Every employee has the right not to be unfairly dismissed. If you feel that you have been unfairly dismissed, you have three months from the effective date of termination of the employment to make a claim. To bring a claim you need to have been employed for at least one year (more in certain circumstances).
Here at Frisby & Small Solicitors we deal with all types of employment law cases. We represent employees and employers, so whichever side of the dispute you are on, we can help.
We offer a free initial consultation. Please contact us for more information.
What is fair and unfair?
When dismissing an employee, an employerhas to show that the dismissal was for one of five permitted reasons.
- Capability or qualifications to do the job
- Conduct or illegality whilst at work
- Statutory regulations prohibiting continued employment
- Some other substantial reason which justifies dismissal
Employers following the correct procedure
The vast majority of unfair dismissal cases that are won by employees are won because employers did not follow the correct procedures.
If your Employer is going to dismiss you they should:
- Advise you that they are starting a procedure that may result in your dismissal
- Invite you to a meeting to inform you of their decision followed by notice in writing of that decision
- Give you the right to appeal against their decision
Making a claim for Unfair Dismissal
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