When your employment is terminate, the legal term is ‘dismissal’. If you believe your employer was unfair, there are many legal avenues that you can pursue. Our Solicitors at Stirling Ackroyd Legal have over 300 years of combined experience in the practice. We are experts in employment disputes and will offer you world-class advice throughout the process.
If you feel that your dismissal was unfair, please contact one of our specialist employment law solicitors, who will be able to help you. Unfair dismissal occurs when an employee is not given proper notice of the termination of their employment, or when the termination itself was unjustified.
Many years of experience
We have many years’ combined experience in helping our clients in this area, and our diverse expertise covers all sectors of employment, from banking to public services. We will support and guide you through all of the options available, as well as throughout the pursuit of your claim, looking after your interests at all times to minimise the stress that these situations can undoubtedly cause.
Matters can escalate quickly
Every case of unfair dismissal or constructive dismissal is different; however, matters can escalate quickly. Depending on the individual circumstances, dismissal for poor performance, dismissal following disciplinary action and resignation as a result of workplace bullying may all give rise to a claim for unfair or constructive dismissal.
Employers must act fairly
Dismissal is lawful in many cases, including for reasons relating to performance or when a role is to be made redundant. However, employers are required to act fairly, and must also provide valid reasons for the dismissal. You may have a case for unfair dismissal in the following circumstances, however please contact us if you would like to discuss your situation, and one of our specialist employment law solicitors will be happy to help you:
- Your employment was terminated because of your age, gender, sexual orientation, race, religion or disability. This is classed as discrimination.
Other cases of dismissal can be considered to be ‘automatically unfair’, including when:
- You were dismissed because you asked your employer to meet their legal obligations towards you
- You were dismissed after reporting your employer for wrongdoing – this is known as “whistleblowing”
- You have complained or taken action regarding a health and safety issue when your employer did not meet their obligations
- You employer failed to comply with disciplinary and dismissal procedures when your employment was terminated
In order to bring a claim for unfair dismissal, you must be able to meet the following criteria:
- You must be an employee in order to bring a claim for unfair dismissal. This means that you will not be eligible if you are a self-employed contractor or an agency worker
- You must make your claim within three months (minus one day) from the date of your dismissal
- In addition, you will normally be entitled to claim compensation only if you have worked for the same employer for at least two years
If your employment commenced after 6 April 2012, you have two years from the date of your dismissal in which to lodge your claim. However, if your dismissal was automatically unfair, then this qualifying period will not apply.
You may have a case for constructive dismissal if you were forced to resign from your job because of the conduct of your employer, which must constitute a serious breach of your contract of employment.
Examples of constructive dismissal
Examples of situations that may give rise to a claim for constructive dismissal include, but are not limited to:
- You were being bullied at work, and your employer did not put in place measures to stop this from happening
- You were unfairly demoted at work
- Your salary was withheld
- Your working environment was unsafe
- Your employer did not provide you with the resources and support needed for your job
We can advise you
Your specialist employment law solicitor will be able to advise you on your own individual case, however in order to bring an action for constructive dismissal, you will need to show the following:
- That the conduct of your employer amounts to a serious breach of your contract; and,
- this serious breach of contract was the reason for your resignation.
Compensation for unfair or constructive dismissal
There are two categories of compensation for unfair or constructive dismissal. The basic award is calculated based on your length of service, your age at the time of your dismissal or resignation and your salary per week after deductions.
The compensatory award considers the loss of income incurred, as well as the loss of benefits in having to start a new job. The award may vary based on the conduct of both parties, meaning that it may be higher if your employer has failed to follow proper procedures, or lower if it is found that your own conduct has contributed to the outcome. For advice on claiming compensation for unfair or constructive dismissal, please speak to one of our employment law solicitors, who will be very happy to help you.
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