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 Counts as Unfair Dismissal?
An unfair termination 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 are eligible to claim against unfair dismissal 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:
- Re-instate 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 as to whether you have been unfairly dismissed from your job, a fair dismissal can be broken down into the following five reasons.
1. Redundancy
Redundancy is a fair reason for dismissal as long as you weren’t made redundant due to your gender, sexuality, age, or if you have a disability or are pregnant.
2. Illegal conduct by breaking the law
A dismissal would be fair if you have broken the law and engaged in illegal activity, 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 have your driving license revoked.
3. Your capability to fulfil the job role
If you are unable to fulfil your job role or can’t appropriately complete your duties, this is a fair dismissal. However, before a former employer has dismissed you for this reason, they must have discussed these issues with you and given you the support or opportunity to improve in these areas.
4. Long-term illness
Long-term illness would be a fair reason for dismissal if the illness resulted in you not being able to complete your job role. However, reasonable adjustments must have been put in place first.
5. Gross misconduct
Gross misconduct could be if you have shown violent behaviour towards a customer or colleague or against company-owned property.
If you have been dismissed for any reasons except for the above fair reasons, you have likely experienced an unfair termination of 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. These scenarios include if:
- 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 Work Tribunal Solicitors
Employment is an important and sensitive issue for many people. The abolition of Employment Tribunal fees in 2017 empowered many more employees to challenge the grounds of their dismissal. When a situation is handled badly, the risk of a claim being pursued only increases. This is not only due to legal merit, but perhaps due to the personal motivation of the employee.
As witness statements are an essential component in the Employment Tribunal claims process, it is vital that dismissals are 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 Work Tribunal Solicitors Help Employees?
Newtons Solicitors’ employment law specialists successfully helped a member of a school’s Senior Management Team succeed in a claim for unfair dismissal. 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 judgement delivered at the Employment Tribunal in August 2016. The judgement found that, the reason for dismissal was not due to redundancy but that it was used as a convenient peg to hang the dismissal.
This case is a reminder to employers of the risks associated with dismissing staff and, in particular, using redundancy as an excuse to remove particular employees.
How Can Newtons’ Tribunal Solicitors Help Employers?
A situation involving the dismissal of a long-serving, popular employee can obviously expose the employer to significant legal, management and compensation costs.
However, what may be more damaging is the potential unrest among staff, the damage to the employer’s reputation, and related difficulties for those responsible for making the decision. This is especially so if the judgement goes against you.
The risk of employees enforcing their rights is very much alive and many claims are pursued. Many people now benefit from legal protection insurance, which enables them to fund the claims using their local solicitor.
Do You Need Help with an Unfair Dismissal?
If you believe you are a victim of an unfair termination of employment contract, please don’t hesitate to contact our employment law specialists. Our highly experienced work tribunal solicitors are here to represent individuals who believe they have unfair dismissal eligibility, as well as provide advice to employers who have been accused of unfair dismissal. Look no further than our experienced solicitors, who can provide clear guidance for your case.