Unfair And Wrongful Dismissal
At Askews Legal, our solicitors are well versed and highly experienced when it comes to advising and representing employers facing claims of unfair or wrongful dismissal.
Whatever the background to the unfair or wrongful dismissal claims, by engaging our services as soon as possible in the process, you can be assured that you will have the strongest possible representation.
Core to our ethos is that we will take care of the matter for you, allowing you and your colleagues to focus on your main role within the organisation, in the knowledge that your matter is in the best possible hands. We will quickly identify the strength of the case being made and work to establish a strategy to ensure the optimal outcome. Where possible, we will endeavour to bring proceedings to an early conclusion and avoid the need for the matter to proceed to the Employment Tribunal by using Alternative Dispute Resolution (ADR) methods such as mediation, negotiation, and arbitration. Our Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for protecting businesses of all types and scales from accusations of unfair or wrongful dismissal brought by Claimants in Coventry and Warwickshire.
Askews Legal is a diverse, multi-lingual law firm based in Coventry city centre, our solicitors use best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law means we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, Accountants and Counsellors who can bring additional support to our employment law department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Below are some of the most common questions employers have concerning unfair and wrongful dismissal.
What is meant by unfair dismissal?
Under section 94 of the Employment Rights Act 1996, employees have a right to be dismissed fairly if they have been working for an employer for two or more years (this is referred to as the ‘qualifying period’). A dismissal is considered unfair if it is not on the basis of:
- An employee’s capability or qualifications
- An employee’s conduct
- Redundancy
- A breach of a statutory duty or restriction, or;
- ‘Some other substantial reason” (SOSR). Examples of SOSR include a breakdown in trust and confidence or organisational restructuring; and
A dismissal will also be deemed lawful if the Employment Tribunal determines that you, as the employer had acted reasonably in dismissing an employee for a potentially fair reason.
Dismissal will be considered automatically unfair and does not require two qualifying years of employment to bring a claim to the Employment Tribunal if it is for any of the following reasons:
- pregnancy and childbirth;
- parental leave;
- health & safety reasons;
- whistleblowing;
- victimisation;
- acting as a representative;
- seeking flexible working;
- jury service; and
- taking part in protected industrial action.
What is meant by wrongful dismissal?
Dismissal may be considered ‘wrongful’ if the employer did not follow the correct procedure when dismissing an employee. In most cases of wrongful dismissal, the employer may not have followed their own internal HR process or adhered to the employment contract. An example of this may be where dismissal occurs without giving enough notice, terminating a fixed-term contract before the end date, or not following disciplinary procedures correctly. Again, like automatically unfair dismissal, an employee does not need to have been employed for the qualifying period of two years to bring a claim.
What is the ACAS Code of Practice?
ACAS publishes a Code of Practice for employers on disciplinary and grievance procedures. This is considered best practice and should be followed if you have an employee who faces possible dismissal due to misconduct or poor performance before making a final decision to end the individual’s employment. This is important as if the claim reaches the Employment Tribunal, the Tribunal will take into account whether you followed the ACAS Code when deciding whether or not you acted reasonably in dismissing the employee.
Why choose us?
One of the key elements of business success is having a positive and productive team of people that are motivated to ensure the business meets its growth objectives. Our Solicitors are businesspeople themselves; therefore, understand that every decision you make must encompass commercial reality. We receive most of our instructions via word of mouth recommendations because employers in Coventry and Warwickshire are confident that we have the knowledge and dedication they need to protect their best interests.
We are focused on results and achieving them in the swiftest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can concentrate on your organisation’s future.
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across Warwickshire, the Midlands and the whole of the UK., because we get results.
To talk to us about unfair or wrongful dismissal, please contact us using the form below, call us on Coventry (02476) 231000, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.