Results-Driven Unfair Dismissal Solicitors

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 are able to advise you.

To get the support you need, call 0151 236 8871 or book a call with our legal experts.

What is an Unfair Dismissal Claim?

Unfair dismissal is a claim that can be brought by an employee as a result of the termination of their employment by their employer. An employer has certain permitted grounds upon which they can fairly terminate the employment of an employee. If the employer fails to terminate employment on one of these grounds, or fails to follow a fair procedure in circumstances where an employee has the qualifying period of service to bring a claim, the employee will be able to pursue a claim for unfair dismissal to an employment tribunal.

What is constructive dismissal?

Unlike in ordinary unfair dismissal where the employer terminates the employment of the employee, in a claim for constructive dismissal, the employee will have resigned in response to a fundamental (repudiatory) breach of contract by their employer. It is often difficult to successfully bring a claim for constrictive dismissal because of the various hurdles that an employee has to overcome at tribunal. However, where an employee does succeed, they then receive the same level of compensation as they would have received for a claim for unfair dismissal.

How do you prove unfair dismissal?

It is for the employer to show that the dismissal was on a prescribed potentially fair ground under the Employment Rights Act 1996. If the employee cannot demonstrate the potentially fair ground, then the employee will be likely to succeed in a claim for unfair dismissal. Even if the employer can demonstrate a potentially fair ground, the employee can still challenge the process that was followed so as to argue that the employee did not follow a fair procedure in all of the circumstances. Although employment tribunals will have regard to the ACAS Code of Practice when determining whether the procedure was fair, it does not have to follow the ACAS Code of Practice to the letter.

How to appeal unfair dismissal

Employers facing an award for unfair dismissal as a result of an employee successfully bringing a claim can pursue an appeal to the Employment Appeal Tribunal (EAT) if they can demonstrate that the tribunal has made an error of law or if the decision meets the threshold of ‘perversity’. This is a high threshold to reach, and in many cases, it is not possible for an unsuccessful party simply to appeal because they do not like the outcome at the original tribunal.

When can you claim unfair dismissal?

An employee can claim for unfair dismissal in circumstances where their employment has been terminated and where the employee believes that the employer has not dismissed them for a potentially fair reason or has failed to follow a fair process. As the law stands, an employee cannot claim unfair dismissal if they have under two years continuous service (except for limited circumstances, such as dismissal for whistleblowing), although this is subject to change under the forthcoming Employment Rights Bill, when it is intended that all employees will be able to claim unfair dismissal from the start of their employment.

How long after dismissal can I claim unfair dismissal?

There is a strict time limit for bringing a claim for unfair dismissal of three months minus one day from the date on which the employment was deemed to be terminated. Onceover there was a requirement to submit the claim to an employment tribunal within this period, but the introduction of ACAS early conciliation periods has made the process more complex. It is now necessary for the employee to present an ACAS early conciliation notification within the three month period; then following the ACAS early conciliation certificate being issued, there is a further strict period under which the employee must submit their claim to a tribunal.  The deadline will depend upon the timing of the ACAS notification and the date upon which the early conciliation certificate was issued.

If an employee fails to submit their unfair dismissal claim to the employment tribunal within the prescribed period, it is extremely difficult for them to bring the claim outside of that period. They will need to show that it was not reasonably practicable for them to bring the claim within the original period, which is a very high hurdle to overcome.

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 on whether the dismissal is likely to be fair or unfair.

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.