For Employees

Employees have the right not to be unfairly dismissed. In most cases they must have at least one year’s continuous service before they can make a complaint to an Employment Tribunal.  However there is no length of service requirement in relation to “automatically unfair grounds” and this means if an employee is exercising specific rights to do with:

• Pregnancy – including all reasons relating to maternity.

• Part-time and fixed term employees.

• Discrimination on grounds of sex, race, age, disability, sexual orientation, religion or belief.

• Family reasons and this includes parental leave, paternity leave, adoption leave and time off for dependants.

• Representation – including acting as an employee representative and trade union membership grounds and union recognition.

If the Employment Tribunal finds the dismissal was unfair, it will order one of three possible remedies: re-instatement, re-engagement or compensation.  

A complaint of unfair dismissal must be received by an Employment Tribunal within three months of the effective date of termination of the employment unless the Tribunal considers this was not reasonably practicable.  We advise employees to get in touch with us as soon as possible.

We can assist you in lodging your claim to the Employment Tribunal and wherever possible, we ensure that your case is dealt with by our specialist Advocate in order that costs are kept to a minimum and maintain continuity. In cases where we feel it is in your best interests to instruct a Barrister, we will endeavour to find the most appropriate Barrister to best meet your needs.

For Employers

In order to dismiss fairly, an employer must:

• have a fair reason for dismissal; and

• the dismissal must follow proper procedures and be fair in all the circumstances.

Potentially fair reasons for dismissal are:

• capability;

• conduct;

• redundancy;

• where continuing to work would contravene an enactment; and

• some other substantial reason.

Once it is established that the dismissal falls within one of those potentially fair reasons, it is necessary to consider the fairness of the dismissal in the circumstances.

If an employee has been unfairly dismissed, then s/he will be entitled to a basic award, based on age and length of service (approximately) £380 for each year of employment (though not where a statutory redundancy payment has been paid) and a compensatory award based on his/her losses up to a maximum of £65,300.

If one of your employees lodging a claim with the Employment Tribunal we may assist you in defending the claim as wherever possible we ensure that your case is dealt with by our specialist Advocate in order that costs are kept to a minimum and maintain continuity. In cases where we feel it is in your best interests to instruct a Barrister, we will endeavour to find the most appropriate Barrister to best meet your needs.

We can also assist you in reaching an out of court settlement but this would depend on the particular circumstances and we advise you to get in touch with us as soon as possible.

ALL THE RELEVANT LETTERS ARE FOUND ONLINE.