When Is Dismissal Fair?

Unfair Dismissal – When Is Dismissal Fair? Expert Employment Law Solicitors

When Is Dismissal Fair?

When Is Dismissal Fair?

When is dismissal fair? There are many cases when somebody being released from their job has been unfairly dismissed. However, it is important to know when a dismissal has been fair and legitimate.

If you have been released from your job, DSM Legal Solicitors can help you determine whether it was for fair reasons, and whether your employer followed the correct procedures required of them by law. If not, you may be entitled to take legal action. Complete our Employment Law Enquiry Form by clicking here or call us today on 01925 937070.

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

Prima Facie Fair Reasons for Dismissing an Employee

Capability

When is dismissal fair? Sometimes, unfortunately, somebody simply is not up to the job at hand. This can lead to that employee being released for poor performance at their job. However, the employer cannot ask you to leave immediately, they must ensure that a warning has been given, and that adequate training has been provided in order to help improve the situation.

Misconduct

Misconduct can take many forms, but can loosely be described as behaviour that is to the detriment of the company. Examples include not turning up for work on a regular basis, stealing from the company and abusing drugs or alcohol. There are many other reasons.

Some Other Substantial Reason for Dismissal 

Other major reasons, such as being sent to prison or having a conflict or personality clash with a colleague that cannot be resolved, can all lead to an employee being released.

Disciplinary Procedures

If your employer has not followed the correct disciplinary procedures as stated by the law, you may be able to claim.

The procedure is as follows:

  • When the misconduct is identified and an investigation has taken place, your employer must give you the opportunity to answer those allegations
  • If your employer believes that there is a case to answer a disciplinary hearing must take place, and you must be allowed to bring in either a colleague or union rep. There are some procedures that must be followed during the hearing
  • You must be informed in writing of the decision from the hearing, and given a time window in which to appeal.
  • Following the appeal, the final decision will be made.

Contact DSM Legal Solicitors for expert employment law advice – Warrington solicitors

Our office in Warrington is opposite the Miller and Carter Steakhouse and next to the Gemini Retail Park, with free parking for visitors and disabled facilities. 

Call us on 01925 937070 to talk through the circumstances surrounding your unfair dismissal. We will advise on a case by case basis, as every case can be complex and unique.  Alternatively you can complete our Employment Law Enquiry Form by clicking here.  A member of our team will call you back at a time convenient to you.

We can assist with employment law claims, settlement agreements, personal injury (accident claims including fatality claims), road traffic accident claims, medical negligence claims, oaths, affidavits and statutory declarations, wills and probate, lasting powers of attorneycriminal injury compensation claims and professional negligence claims.

You can also visit ACAS (Advisory, Conciliation and Arbitration Service) for more information on unfair dismissal by clicking here.

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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