Understanding Unfair Dismissal: Your Legal Rights

Unfair dismissal occurs when an employer terminates an employee without a valid reason or fails to follow fair procedural standards, potentially leading to legal recourse for the employee.

MSRS-Unfair dismissal

In the realm of employment law, the dismissal of an employee by an employer must be both justified and procedurally fair. This ensures that the termination meets the criteria of potential fairness under legal standards. Here’s a breakdown of the key reasons considered legitimate for dismissal:

  • Conduct: Instances involving misconduct such as theft, violence, or insubordination.
  • Capability: Cases where an employee fails to meet job performance standards or faces long-term health issues.
  • Redundancy: Occasions when an employee’s role becomes redundant due to business needs.
  • Some Other Substantial Reason: This category includes situations like refusal to accept contractual changes or irreconcilable breakdowns in working relationships.
  • Illegality: When employing someone would breach legal requirements, like hiring individuals without the right to work.

Legal Recourse for Unfair Dismissal

If an employer dismisses you without proper justification or fails to adhere to fair procedures, you may have grounds for an Unfair Dismissal claim. Consider these important points:

  • Additional Claims: You may also explore claims for Discrimination or Breach of Contract (Wrongful Dismissal) alongside Unfair Dismissal.
  • Acas Code of Practice: Failure to comply by the employer can lead to a potential increase of up to 25% in the Employment Tribunal award. Conversely, not adhering to the Code could result in a reduction of up to 25% in any award.
  • Service Requirement: Typically, you need at least two years of continuous service to bring an Unfair Dismissal claim to an Employment Tribunal. Exceptions exist for dismissals linked to specific protected reasons like pregnancy or health and safety concerns.

How We Can Support You

Navigating the complexities of Unfair Dismissal claims requires expert guidance. Here’s how our dedicated team can assist you:

  • Case Evaluation: We provide a thorough assessment of your potential claim, discussing the strengths, weaknesses, and potential compensation.
  • Legal Representation: Throughout the Employment Tribunal proceedings, we ensure your interests are vigorously defended and advocate for a fair resolution.
  • Negotiation Expertise: We can negotiate settlement terms with your employer to achieve a resolution that upholds your rights and meets your needs.

Taking Action

Time is of the essence when pursuing claims related to Unfair Dismissal. The deadlines for initiating proceedings are brief, underscoring the urgency of seeking timely legal advice. Connect with our team today to discuss your situation and explore the best course of action.

Contact Us

For further insights or to arrange a consultation, reach out to a member of our team. We are committed to providing you with the clarity, support, and legal expertise needed to effectively navigate Unfair Dismissal claims and assert your rights in the workplace.