Experiencing an unfair termination of an employment contract can come as quite a shock. If you believe you have been unfairly dismissed, you can take your former employer to an employment tribunal to claim for unfair dismissal.
What is Unfair Dismissal?
An unfair dismissal of an employment contract occurs when a former employer ends your employment contract without a fair reason for doing so, or without following appropriate dismissal procedures.
You have unfair dismissal eligibility if you were employed for more than two years. However, there are circumstances where you may not be eligible to claim against an unfair dismissal regardless of your employment history, such as if you are a member of the armed forces.
If you have won an employment tribunal case with the assistance of a work tribunal solicitor, your former employer may be ordered to:
- Reinstate your job role
- Offer you a different job role within the company
- Offer you financial compensation depending on how long you were employed at the company, your age and your gross weekly pay
Have I Been Unfairly Dismissed?
If you’re uncertain about whether you have been unfairly dismissed from your job, these are the five most common reasons for a fair dismissal :
- Redundancy
Redundancy is a fair reason for dismissal as long as you weren’t made redundant due to your gender, sexuality, age, disability or if you are pregnant.
- Illegal conduct by breaking the law
A dismissal would be fair if you have broken the law, or if continuing to employ you would mean that your former employer would be breaking the law. For example, this could apply if you are a taxi driver and you have your driving license revoked.
- Your capability to fulfil the job role
If you are unable to fulfil your job role or can’t appropriately complete your duties, this constitutes a fair dismissal. However, your employer must have discussed these issues with you and given you the support or opportunity to improve in these areas before dismissing you.
- Long-term illness
Long-term illness would be a fair reason for dismissal if the illness resulted in you not being able to fulfil your job role. However, reasonable adjustments must have been put in place first.
- Gross misconduct
Gross misconduct could be if you have shown violent behaviour towards a customer, colleague or against company-owned property.
If your reason for being dismissed is not one of the five listed above, your situation will likely fall under what constitutes an unfair dismissal from an employment contract.
Instant Grounds for Unfair Dismissal Eligibility
There are certain scenarios where you instantly have grounds for an employment tribunal case against unfair dismissal :
- You are pregnant or on maternity leave
- You are on paternity leave, adoption leave or leave for any family-related issue
- You are a trade union representative
- You have or haven’t joined a trade union
- You have participated in whistleblowing
- You participated in official industrial action
The Importance of Employment Solicitors
Employment is an important and sensitive issue for many people. The abolition of employment tribunal fees in 2017 empowered many more unfairly dismissed employees to challenge the grounds of their dismissal. When termination is handled poorly, an employee is only more likely to pursue unfair dismissal eligibility. This is not only due to legal merit, but also because of the employee’s personal motivation.
As witness statements are essential in the employment tribunal claims process, dismissals must be properly handled from the start. Without seeking the appropriate legal or human resource advice at an early stage, you may jeopardise your chances of receiving the unfair dismissal compensation you are owed.
How Can Newtons Employment Solicitors Help Employees?
Newtons employment law specialists successfully helped a member of a school’s Senior Management Team win a claim for being unfairly dismissed. The claimant was made redundant in late 2015, after almost 20 years of service with the school. Following this dismissal, they brought their complaints to an employment tribunal.
The case lasted almost two weeks, with the judgment delivered at the Employment Tribunal in August 2016. The verdict concluded that the claimant was unfairly dismissed under the guise of redundancy.
This specific case serves as a reminder to employers of the risks of unfairly dismissing staff and warns against using redundancy as an excuse to terminate particular employees.
How Can Newtons Employment Solicitors Help Employers?
Dismissing a long-serving and popular employee can obviously expose the employer to significant legal, management and compensation costs.
However, even more damaging effects could include tension among the remaining staff, the employer’s reputational damage and added pressure for those responsible for the termination. This is especially the case if the judgment goes against the employer.
The risk of employees utilising unfair dismissal legislation is certainly alive, given that many unfair dismissal claims are pursued. Many employers now benefit from legal protection insurance, which means they can fund the claims against them using their local solicitor.
Do You Need Help with an Unfair Dismissal Claim?
If you believe you have been unfairly dismissed from an employment contract, please don’t hesitate to contact our employment law specialists. Our highly experienced employment solicitors are here to represent employees who believe they have unfair dismissal eligibility, as well as advise employers who have been accused of unfair dismissal. Look no further than our experienced solicitors, who can provide clear guidance for your case.