Goodharts specialises in representing employees who have been subject to an unfair dismissal, and we have years of experience in doing so. If you believe you have been dismissed unfairly, or if you are an employer facing an unfair dismissal claim, contact us today. Call us in Newcastle today on 0191 687 2055 or call in Canary Wharf, London on 0203 858 0046
Making an Unfair Dismissal Claim
The Employment Rights Act 1996 says that if an employee is to be dismissed, there must be a qualifying reason which falls into a specific category, as set out in the 1996 Act. In other words, there must be a valid reason for the dismissal to take place. If your dismissal was on the grounds of disability or sex/gender or any other protected characteristic, then it is automatically unfair. Our employment lawyers represent employees who have been subject to an unfair dismissal. If you believe you have been dismissed unfairly, or if you are an employer facing an unfair dismissal claim, contact us today.
Only those who have been in employment for the "qualifying period" of 2 years can make a claim for unfair dismissal. Unfair dismissal differs from constructive dismissal. Find out more about constructive dismissal.
What is unfair dismissal in UK employment law?
In order for the dismissal of an employee to be 'fair’, the dismissal reason must fall into one of five categories to be legally valid. The employer has to show:
- That the dismissal was a result of the conduct of the employee, such as repeated unauthorised absences, misconduct in the workplace, dishonesty and so on, and that the conduct amounted to gross misconduct, or;
- The employee was not qualified or capable, or was lacking in this respect in relation to the work they were employed to do, or;
- The dismissal was due to a redundancy, and that the redundancy was genuine, or;
- The continued employment of the employee would be against the law, or contravene a statute, such as continuing to employ a bus driver who had been banned from driving, for example, or;
- Another substantial reason that does not fit into the above categories.
Goodharts understands that being subject to a dismissal, and in particular one that may be unfair, is a stressful and unpleasant experience. If you believe you have been subject to an unfair dismissal, it will probably be necessary to go to an Employment Tribunal in order for a decision to be made on the facts of your case. In many ways, a Tribunal is the equivalent of a court of law, but specifically for employment related disputes and issues.
Expert Unfair Dismissal Lawyers in Newcastle & London
Our partners, Marie Colquhoun and Anne Colquhoun regularly represent employers and employees at Employment Tribunals, meaning we are highly experienced and knowledgeable about the process involved. With Goodharts, you can be confident that your unfair dismissal case is in good hands right from the very beginning.
At a Tribunal, it would be necessary for the employer to show that they acted reasonably when dismissing an employee, and that the dismissal fell into one or more of the above categories, in order for it to be deemed fair. It is important to seek legal advice at the earliest opportunity both if you are an employer accused of unfair dismissal, or an employee who believes they have been subject to an unfair dismissal.
Goodharts can help you with all aspects of your unfair dismissal case. Of course, it may be necessary to go to a Tribunal, but many cases can be settled before this, through negotiation, and often through the use of a settlement agreement, for example. Regardless of the circumstances of your unfair dismissal, you can be sure that Goodharts will support you every step of the way, and ensure that your best interests are represented.
Contact Goodharts Solicitors in London and Newcastle, UK
With Goodharts, you can be sure of a friendly, approachable and personal service at all times, putting you, as the client first. A high standard of service is of equal importance to us when dealing with clients, and your case will be no exception to this.
In order to discuss the range of options regarding your unfair dismissal case, please contact a specialist at Goodharts today.
Call us on: Newcastle - 0191 687 2055 / London - 0203 858 0046 or via our online contact form.