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Unfair Dismissal Solicitors and Legal Advice Nottingham

Unfair dismissals can damage your future job prospects. Have you been a victim of dismissal that you think may have been unfair?

Our Employment Solicitor Natalie Abbott is on hand to give you straightforward legal advice.

 

 

What is unfair dismissal?

Unfair Dismissal Solicitors for Employees – has your employer treated you fairly throughout the dismissal process?

An unfair dismissal is when your employment contract is terminated without a proper reason or contrary to another law. Your rights as an employee to not be unfairly dismissed are protected under the Employment Rights Act 1996.

 

 

What are the potentially fair reasons for dismissal?

It is possible to dismiss someone fairly for one of the reasons listed below. However, just because an employee was dismissed for one of these reasons, does not make it automatically fair.

The key question is whether your employer has dismissed you for a potentially fair reason and whether they followed the correct dismissal procedure in doing so.

 

Conduct

This may be a single act of serious (gross) misconduct or a series of acts that are less serious. Some examples of gross misconduct include:

  • disobeying reasonable orders
  • theft
  • dishonesty
  • refused to work
  • repeated poor attendance
  • breach of contract
  • disclosure of confidential information

All of these can be a fair reason to dismiss an employee. In some cases, conduct can be the reason for automatic unfair dismissal without a notice period.

 

Redundancy

This is a potentially fair reason. However, your employer will need to establish that it acted reasonably in all the circumstances in dismissing you for the reason of redundancy.

 

Capability or qualifications

Capability should be assessed by reference to your skill, aptitude, health or any other physical or mental quality. The question of capability must relate to the work that you were employed to do. In practice, capability dismissals are often due to poor performance or ill health.

Qualification refers to any degree, diploma or other academic, technical or professional qualification that is relevant to your position.

 

Statutory restriction

A dismissal is potentially fair under this ground provided that your continued employment would be illegal. For instance, if you were employed as a delivery driver and you were disqualified from driving. In this case, your employer would most likely utilise the above ground to dismiss you.

 

Some Other Substantial Reason (“SOSR”)

This covers a wide range of factual situations.  Your employer may rely on this ground if you have committed an act that damages the relationship of trust and confidence between you both.

In order to show SOSR, it is only necessary for your employer to establish a reason for dismissal which is of a kind that could justify your dismissal. It is not necessary to show that it actually did justify the dismissal.

 

 

Why are my rights during the dismissal process?

You still have certain legal rights when facing a dismissal. And your employer should take certain steps before deciding to dismiss you.

This may include carrying out a fair and reasonable investigation or consultation to establish the facts and allowing you to appeal.

 

 

Am I entitled to compensation for unfair dismissal, and what compensation could I receive?

If you have worked for your employer for 2 years or more, then you may be entitled to an award for unfair dismissal. This is called the qualifying period.

There are limits to the circumstances in which you may be able to bring an unfair dismissal claim without having worked for your employer for 2 years. For example, if you were dismissed for asserting a statutory right or in connection with trade union activities. We would explore eligibility to bring a claim with you at the outset.

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Natalie Abbott

Natalie is an Employment Law specialist with over 10 years’ experience representing both businesses and individuals

Natalie Abbott
Employment Law Specialist

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