Unfair Dismissal Claims

Unfair Dismissal Claims – Employees

As a dedicated team of employment law solicitors we make many claims to Employment Tribunals every year on the basis of the dismissal of the employee being unfair.

If you have been unfairly dismissed the Employment Tribunal will, in most cases make an order for compensation to be paid to you by your employer. This compensation is to replace income lost by being dismissed and is limited to.

What amounts to an Unfair Dismissal?

Generally employees must have been employed by the employer for an uninterrupted period of 2 years before they can bring a claim for Unfair Dismissal.

The dismissal of an employee will be unfair unless:

  • The employer can show that the reason (or principal reason) for the dismissal was a potentially fair reason.
  • The tribunal finds that, in all the circumstances (including the employer’s size and administrative resources) the employer acted reasonably in treating that reason as a sufficient reason for dismissal. This has been interpreted by the courts and tribunals as meaning that the dismissal must be both “procedurally” and “substantively” fair.

The Acas Code of Practice sets out recommendations as to the procedure employers should adopt prior to dismissing an employee for misconduct or poor performance, and must be taken into account by tribunals in deciding whether an employer has acted reasonably.

If an employment tribunal finds that the dismissal is unfair, it can order the employer to re-engage or reinstate the employee or pay the employee compensation.

When Employment Tribunals were first established they were designed to be easy to bring a claim in with the procedure being as simple as possible. Unfortunately that is no longer the case and Employment Tribunal claims are getting more complicated all the time. We are experienced in bringing claims and will sympathetically guide you through the mine field that tribunals can be for the unwary.

For further information on how our Employment Law Team can help you, call Rothera Sharp today on Nottingham 0800 088 6280 or send us an email to enquiries@rotherasharp.co.uk