Unfair Dismissal Claims

Unfair Dismissal Claims

Unfair Dismissal Claims Solicitors in Warrington

We are experts at handling unfair dismissal claims.  Finding out you have lost or are about to lose your job can be a shock and very stressful, especially if you were unfairly dismissed or unfairly selected for redundancy.  You may not know what to do next or where to turn.  Our expert solicitors are here to help – we have helped and advised on numerous unfair dismissal claims.  

We can guide you in the right direction and give you the best possible advice.  To start your claim telephone 01925 937070 or complete our Employment Law Enquiry Form by clicking here.

We also have a Wigan office which can be contacted on 01942 914004.

Bringing a Claim for Unfair Dismissal

To bring a claim for unfair dismissal you are required to have two year’s continuous service, although there are exceptions to this rule for example if you were dismissed for belonging to or refusing to join a trade union, where dismissal is linked to pregnancy or maternity rights, dismissal in relation to health and safety rights, dismissal due to whistleblowing and other various reasons for exception to the two year rule.

What Makes a Dismissal Unfair?

i) The employer must show what was the reason for the dismissal. The reasons must be one of the potentially fair reasons (see below) or for some other substantial reason of a kind such as to justify dismissal;

ii) The Employment Tribunal will then decide whether it was fair to dismiss for that reason.

Potentially fair reasons for dismissal

a) a reason relating to the employee’s capability or qualifications. Capability is assessed by reference to skill, aptitude, health or any other physical or mental quality.

b) a reason relating to the employee’s conduct. Potential misconduct may include theft, fighting, disobedience, unauthorised absence, misuse of telephone, email or internet.

c) retirement (in certain circumstances this can be unfair and could constitute age discrimination);

d) redundancy. A number of issues may have to be considered to establish whether or not the reason for dismissal (ie redundancy), was fair, eg whether there was a genuine redundancy situation or whether the selection for redundancy was fair

e) the employee could not continue to work in the position he held without contravention of a duty or restriction imposed by or under an enactment; eg loss of a necessary qualification for doing the job, such as a delivery driver losing his driving licence.

or, as stated above, for some other substantial reason. This may be, for example, because the employer claims dismissal is necessary as a result of reorganisation of the business.

Automatic Unfair Dismissal Claims

There are some cases where dismissal is automatically unfair and violate an employee’s statutory rights. This includes dismissal due to parental leave, maternity leave or time off for dependents. If an Employment Tribunal identifies an automatic unfair dismissal, it can prescribe an uplift of compensation.

Incorrect Dismissal Process: If your employer has not followed the correct dismissal process then you could potentially claim compensation. For example, if they do not adhere to company regulations or basic employment guidelines.

What will it cost me to bring an Unfair Dismissal Claim?

There are various options for funding your employment law claim.  Visit our Funding Your Employment Law Claim page to find out more on how to fund your unfair dismissal claim.

Employment Law – Useful Information

Leaving work in any circumstance can be a truly stressful experience, especially if you have been unfairly dismissed, resigning or are victim to grievance in the workplace.

Download DSM Legal Solicitor’s templates to provide you with the necessary outline of how to inform your employer as well as factsheets of details if you feel you have been unfairly dismissed.

Letter Templates:

Template Grievance Letter
Appeal Against Dismissal Template Letter
Resignation Template Letter
Unfair Dismissal Fact Sheet
Unfair Redundancy Fact Sheet

If you need to talk to someone with help in on the details involved in pursuing a claim with regards to your employment, including unfair dismissal claims, then call a member of the DSM Legal Solicitors team on 01925 937070.

Why choose DSM Legal Solicitors?

We specialise in no win no fee agreements.

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All information contained within this website, including fact sheets or template letters, is provided for general information only and is not intended to constitute legal advice. You should contact a solicitor or other legal professional for advice relating to your specific circumstances if you have any questions about any legal matter. DSM Legal accepts no liability for any adverse consequences arising from reliance on this website for legal advice.

DSM Legal Solicitors is regulated by the Solicitors Regulation Authority – number 00346482