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Unfair Dismissal Claims

What is an Unfair Dismissal Claim?

A claim for unfair dismissal may be made if an employee feels as though they have been
unfairly selected for redundancy, dismissed without good reason, or if the employer has
not followed a fair procedure.

Unfair dismissal is separate from a constructive unfair dismissal, which is where an
employee resigns following a fundamental breach of contract by their employer. 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.

We strongly advise that you should seek legal advice when deciding whether to resign in this
manner. Whether you want to claim for unfair dismissal or constructive unfair dismissal,
our team of employment solicitors in Liverpool are able to advise you.

What are the grounds for a fair dismissal?

There are five reasons why you may be dismissed that are considered fair, they are:

  • Your conduct/misconduct
  • Your job capability
  • Redundancy
  • A statutory restriction (illegality)
  • Some other substantial reason (SOSR)

If you feel as though none of these factors are applicable to your situation, claiming for an
unfair dismissal may be the best option for you, provided you have the qualifying length of
service.

Automatic Unfair Dismissal

There are multiple circumstances where dismissal is considered automatically unfair.
These include where the reason relates to the fact that:

  • You are pregnant or are taking maternity/paternity (or other statutory) leave
  • You have participated in trade union activities
  • You took action about a health and safety issue
  • You have requested your statutory legal rights at work (e.g. appropriate wage)
  • Whistleblowing (when an employee reports misconduct to someone else in the
    organisation)

How can our employment solicitors help?

When claiming for unfair dismissal, there are legal criteria that you must meet. We will
assess your situation for a variety of crucial factors, such as whether you have sufficient
length of continuous service.

It is also important that we assess whether the employer has followed a fair procedure.
With these factors taken into consideration as well as the correct tests set out by law, we
will be able to advise you if the dismissal is likely to be fair or unfair.

Find out more

We can assure you that your problem is in safe hands with us. To find out more or to speak
to one of our dismissal claims experts, call 0151 236 8871, email info@morecrofts.co.uk
or use our contact form.

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Call: 0151 236 8871 Email: info@morecrofts.co.uk Call: 0151 236 8871