Claims about Dismissal
The most common claims relating to dismissal are for unfair dismissal. These can arise in a variety of circumstances. It may be that an employee feels they have been unfairly selected for redundancy or that their employer has failed to follow a fair procedure.
Unfair dismissal should not be confused with constructive dismissal, which arises where an employee resigns following a fundamental breach of contract by their employer. Where an employee seeks to resign in such circumstances, we strongly recommend that they take legal advice before doing so.
When we advise you about a potential unfair dismissal claim, we will be looking to see firstly whether you meet the legal criteria for somebody who can bring a claim. For example, we will assess whether you have sufficient length of continuous service. We will then go on to examine whether we believe the employer has followed a fair procedure and whether, using the correct tests set out by law, they are likely to be able to show the dismissal was fair. If you decide to proceed with an appeal or a claim to the employment tribunal, we will then be able to represent you.
In cases of constructive unfair dismissal, it is necessary for you to resign reasonably promptly in response to a fundamental breach of contract by your employer. This is a brave step for an employee to take and so we would strongly advise that you go through the issues with us in detail before taking the decision to resign.
To find out more about our first class legal services call us on 0800 949 9123 or use the enquiry form.