Employment Tribunal, Unfair Dismissal, Discrimination: Compensation Claims

Dismissal law

Employment tribunal work, UK unfair dismissal, discrimination and employment termination compensation

Solicitors here advise on legislation affecting the recruitment and dismissal of employees. Our solicitors can advise on contract documentation, staff handbooks, written disciplinary procedures, compromise or severance agreements as well as on aspects of employment, dismissal, unfair dismissal, redundancy, unfair discrimination (sex, race, disability, age) matters.

Dismissals can be fair or unfair and typically involve one of the following three 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

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.

Constructive dismissal occurs where an employee resigns following certain conduct of his or her employer such as:

a cut in salary
demotion
harassment or discrimination by colleagues being tolerated by the employer
an unfair increase in work
short notice relocation
subjectng them to a dangerous working environment

Following such a dismissal the employee may claim unfair dismissal at an employment tribunal.

Wrongful dismissal is where a contractual term is broken in the dismissal process, eg 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 a year. 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.

Solicitors here supply a comprehensive dismissal and employment law service to employees including:

reviewing contract documentation
tribunal claims for unfair dismissal
compromise and severance agreements
advice as to disciplinary procedures
advice as to redundancy and dismissal
advice as to discrimination on the grounds of sex, race, disability or age
harrassment in the workplace

Complete our questionnaire or contact us today to begin your dismissal claim.

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Employment at a glance

Employers and employees enter into contracts of employment that govern their rights and obligations. There are statutory requirements governing contracts and they need to be drafted carefully.
Employees are additionally entitled to a whole raft of statutory rights.
Many rights, such as the right not to be unfairly dismissed, are subject to qualifying criteria such as period of service. Other rights (such as the right to paid leave for example) are enjoyed by some categories of workers other than employees.
It is not sufficient to have grounds to dismiss an employee. It is necessary to follow a fair procedure and to take a decision which is reasonable in the circumstances.
Conduct, capability, redundancy and retirement are all potentially fair reasons for the dismissal of an employee.
Employees are entitled not to be discriminated against on unlawful grounds. These are known as “protected characteristics” in the Equality Act 2010 and are age, disability, race, sex, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity, and religion or belief.
Quite apart from statutory rights employees are entitled to be treated with dignity and respect and employers are required not to act in such a way as to destroy the mutual bond of trust and confidence. Employers acting unreasonably risk bullying and harassment claims and complaints of constructive dismissal.
Employers and employees are expected to seek to resolve disputes informally and this may involve having a grievance procedure and using it where appropriate.
Employers can protect their assets (for example goodwill and staff) by agreeing restrictive covenants with an employee but great care needs to be taken when drafting covenants because they are scrutinised closely by the Courts when enforced and need to be reasonable.
Disputes between employers and employees often find their way to an employment tribunal. They are costly, take time (management time in the case of an employer) and can be stressful. The costs in tribunal claims are generally irrecoverable on both sides.

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