Unfair dismissal solicitors: employment tribunal claims
- unfair dismissal
- sexual harassment at work
- racism in the workplace
- disability discrimination
- industrial tribunal proceedings.
Dismissals can be fair or unfair and typically involve one of the following 3 situations:
- the employer terminating the contract of employment
- fixed term contracts not being renewed
- the employee resigning in a situation where they are entitled to do so by virtue of the employer’s conduct.
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A dismissal is fair or unfair according to the reason for dismissal, whether the correct dismissal procedure is followed and whether or not the employer has acted reasonably in carrying out the dismissal.
Occurs where an employee resigns following certain conduct of his or her employer such as:
- a cut in salary
- harassment or discrimination by colleagues being tolerated by the employer
- an unfair increase in work
- short notice relocation
- subjecting them to a dangerous working environment.
Following such a dismissal the employee may claim unfair dismissal at an employment tribunal.
Is where a contractual term is broken in the dismissal process, e.g. dismissal without giving proper notice. A contract of employment can exist orally and/or in writing. It will likely also include terms implied by law.
An employee might legally be dismissed without notice (summary dismissal) in the case of gross misconduct such as stealing.
Employees can usually claim unfair dismissal only if they have worked for 2 years. However some dismissal claims do not require a minimum period of employment and some can be automatically unfair even if the correct dismissal procedure was followed by the employer.
Strict time limits apply to dismissal tribunal claims so it is wise to act quickly.