Our expert employment law solicitors can advise you on the correct process when you need to dismiss an employee so that you can avoid being accused of unfair or wrongful dismissal.
Every eligible employee has the right not to be unfairly dismissed by his employer. If an employer wants to dismiss an employee they must be able to show that, not only did he have good reason to dismiss, but also that he acted fairly in doing so.
An employer must be able to establish that the only, or principal reason for the dismissal, was a potentially fair reason, such as:
- Capability (or qualifications)
- Illegality (for example a delivery driver being disqualified from driving)
- Some other substantial reason
However, there are some circumstances, such as pregnancy, where any dismissal will be automatically unfair.
Wrongful dismissal occurs where a dismissal takes place in breach of contract. A claim for wrongful dismissal can be brought in either the Employment Tribunal or civil courts. If brought in the Employment Tribunal, it must be presented within three months of the date when the claim arose. A claim in the civil courts for wrongful dismissal, however, can be brought within six years.
How our unfair or wrongful dismissal solicitors can help you:
- Advise you on the procedure which you should follow and how best to deal with the matter
- Advise you on the merits of the case and, if need be, represent you in the courts or Employment Tribunal
- Provide pragmatic and tailored advice relevant to your circumstances