Unfair Dismissal
From our offices in Coventry, our solicitors have have a wealth of experience in advising and representing clients in unfair dismissal claims.
If you have been dismissed from your job we will be at your side, letting you know if the dismissal is unfair and taking care of all the legal aspects of bringing a claim in the Employment Tribunal.
Our specialist Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for winning unfair dismissal claims brought by people in Coventry, Nuneaton, Rugby and Leamington, the Midlands and across the whole of the UK.
We are a diverse, multi-lingual law firm that uses 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, Independent Financial Advisers, 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 our solicitors get asked about unfair dismissal.
What is unfair dismissal?
If you have worked for your employer for two or more years (known as the ‘qualifying period’), your employer has to dismiss you from your employment in a fair manner. Unless the below criteria are met, it is likely the Employment Tribunal will rule your dismissal unfair:
- You were dismissed for one of the following five fair reasons: capability or qualifications, conduct, redundancy, 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
- The Employment Tribunal determines that the employer acted reasonably in dismissing you for the potentially fair reason.
If you are being dismissed for reasons of misconduct or poor performance, your employer is expected to adhere to the practices set out in the Acas Code of Practice on Disciplinary and Grievance Procedures before making the final decision to end your employment. The Employment Tribunal will consider whether your employer followed the Acas Code when concluding whether or not they acted reasonably when dismissing you.
What is classed as automatic unfair dismissal?
If you are dismissed in relation to any of the below reasons, your dismissal will be deemed automatically unfair and you can bring an Employment Tribunal claim without having worked for your employer for two or more years:
- 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.
How much compensation can I claim for unfair dismissal?
If you win your claim, the Employment Tribunal will order your employer to pay you compensation. This is known as an award and comprises of:
- The basic award – this is based on a formula that considers your age, length of service, and the amount of a week’s pay (subject to a statutory cap).
- The compensatory award – the just and equitable compensation for the economic loss you have experienced due to the unfair dismissal. This will include any salary, pension, and other benefits lost.
The Employment Tribunal can uplift the compensatory award by up to 25% if you can prove your employer did not follow the Acas Code when dismissing you for misconduct or poor performance.
What is the difference between unfair dismissal, wrongful dismissal, and constructive dismissal?
Wrongful dismissal is where an employee is dismissed in a way that is in breach of their employment contract. Unlike unfair dismissal, the Employment Tribunal will not take into consideration whether the dismissal was ‘fair’ or not.
Grounds for a wrongful dismissal claim include:
- Your employer has breached the notice period stipulated in your employment contract.
- Your fixed-term or specific task contract has been terminated before its expiry.
- The disciplinary or redundancy processes and procedures set out in your employment contract have been breached.
Constructive dismissal occurs when, due to the actions of their employer, an employee feels they have no choice but to resign. Constructive dismissal can be the result of your employer not paying you on time (or at all), discrimination and/or bullying, or making unreasonable changes to your working conditions or job description.
Why choose us?
Our solicitors have successfully advised and represented senior executives, professionals, and highly skilled workers on unfair dismissal claims and are experienced in working in a wide range of industries, including manufacturing, retail, finance, law, medicine, academia, and technology. Our results-driven Employment Law Solicitors will spend time understanding what you want to achieve and work tirelessly to procure it. We understand the sensitive nature of unfair dismissal claims, therefore you can trust our advice will be delivered in a compassionate, straightforward manner.
People choose and recommend us because we care about them and their future career prospects. We are focused on results and achieving them in the quickest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can focus on your future.
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across the Midlands and the whole of the UK.
To talk to us about making an unfair dismissal claim, 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.