Unfair Dismissal

Employment law states that your employer must have a fair reason to dismiss you. If you have been dismissed and you feel it may have been unfair, our Employment Law team can help.

If you believe you have been unfairly dismissed, it can be a stressful and emotional time. Our friendly employment law team is on hand to guide you through your options and next steps.

We can advise you on whether you have an eligible unfair dismissal case and look to achieve a quick and straightforward resolution if you do.  Our Liverpool, Manchester, St Helens and North West Unfair Dismissal solicitors are specialists in this area and can help you potentially claim compensation by making an unfair dismissal claim at the Employment Tribunal.

If you would like to speak to one our team, contact us today by calling 0800 046 9976 or by completing an enquiry form here.

 

What is an unfair dismissal?

Employers have five legal reasons they can dismiss an employee for. The five fair reasons are:

  • Your conduct/misconduct
  • Your capability
  • Redundancy
  • Where continued employment would break the law
  • Some other substantial reason (SOSR)

If you believe that your employer has dismissed you and none of the above are applicable, you could be entitled to claim for unfair dismissal, provided you have the qualifying length of employment.

There are also a number of circumstances that are considered automatically unfair, regardless of the case. These particular scenarios include:

  • You are pregnant or are taking maternity/paternity (or other statutory) leave
  • You have participated in trade union activities
  • You took action about a health and safety issue
  • You have requested your statutory legal rights at work (e.g. appropriate wage)
  • Whistleblowing

If any of the above fit your particular circumstances and you have been dismissed, you could be entitled to file an unfair dismissal claim. Get in touch for a free initial chat with our experts to find out if you qualify.

 

Who can bring forward an unfair dismissal claim?

In order to bring a claim for unfair dismissal forward, you must meet a number of criteria. These are:

  • You must be an employee (rather than self-employed or, in many cases, working through an agency)

  • You must normally have at least two years continuous employment (subject to certain exceptions)

  • You are within the 3 month time primary limit for bringing a claim to the Employment Tribunal

 

How can I start my claim of unfair dismissal?

To start your unfair dismissal claim, you must first contact ACAS to start what is known as the “Early Conciliation” process. You must begin this process within 3 months of the date of your dismissal.

ACAS will then attempt to settle the matter between you and your employer. We advise seeking legal advice before getting in touch with ACAS, however.

Once this step has been completed, ACAS will provide an Early Conciliation Certificate which allows you to issue the unfair dismissal claim in the employment tribunal.

 

What can the employment tribunal do?

Employment tribunals make decisions about employment disputes like unfair dismissals.

If the employment tribunal makes a finding of unfair dismissal, it can make the following orders:

  1. Re-instatement of your job
  2. Re-engagement of a comparable job
  3. Compensation, intended to reflect your losses

Our expert employment lawyers will guide you through what the employment tribunal process will be like, step by step. We will keep you up to date with your case, and explain everything in plain English.

 

How can Smooth Commercial Law help?

Our team at Smooth Commercial Law understand that being unfairly dismissed can lead to a stressful time for you. We know that you may have financial concerns, whilst also being worried about the potential impact it may have on your future career and prospects.

That is why we can assure you that your unfair dismissal problem is in safe hands with our friendly and confidential Employment Law team. We can assess whether your employer has followed a fair procedure and guide you through the unfair dismissal claim procedure if they have not.

If you have any questions about unfair dismissals, the process of claiming, and your legal rights, contact our experienced Liverpool, Manchester, St Helens, and North West unfair dismissal solicitors by calling 0800 046 9976 or by emailing sb@smooth-commercial-law.co.uk. You can also contact us through our enquiry form here.