Unfair dismissals are incidents in which an employee has been wrongfully stripped of their role, with little to no valid reason or justification. The complexity of these situations and often conflicting accounts from the employee and employer can make them difficult to resolve, and legal proceedings commonly ensue. If you’re currently caught up in an unfair dismissal incident, or you feel you may have grounds to pursue a claim against a former employer, read ahead and allow DJP Solicitors to answer some of the most pressing questions in regard to this loaded legal issue.
What Constitutes An Unfair Dismissal?
If your employment contract has been terminated without a fair reason or explanation, it is likely to be classified as an unfair dismissal, also often referred to as an ‘unlawful dismissal’. An employment tribunal will assess the circumstances, though a dismissal may be automatically unfair if certain conditions haven’t been met, or if a fair dismissal procedure was not followed. On the other hand, employees need two years of service to bring a claim for unfair dismissal - worth bearing in mind if you’re relatively new to a role.
So I’ve Been Unfairly Dismissed - What Are My Options?
Before a formal complaint has been pursued, many employees will opt to discuss matters with their employer, potentially departing on good terms. If there is no chance of departing on civil terms, legal action is attainable from DJP Solicitors. You may be advised to collect evidence from your time in employment, including paperwork, email exchanges and written communications which may support your claim. Your appointed legal advisor will then be able to confirm whether or not you have a viable claim on this basis - alongside the potential for you to be rewarded with compensation.
How Is Constructive Dismissal Any Different?
Unlike an unfair dismissal which is overseen and enforced by your employer, a constructive dismissal happens when a worker voluntarily quits due to circumstances related to the employer or working conditions. For a constructive dismissal, these conditions are often bad enough that the worker has no reasonable alternative but to resign. Most constructive dismissals are unlawful, and constitute a fundamental breach of the worker’s employment rights.
What Are The Possible Outcomes?
The two most common outcomes sought by a dismissed employee within an unfair dismissal claim are reinstatement or compensation, with compensation being the most prominent outcome. An order for compensation is designed to compensate the employee based on losses attributable to the dismissal and deduction of earnings, while the alternative - an order for reinstatement - means that the employer must either reappoint the individual to their former position or appoint them to a new role.
At DJP Solicitors, our legal services meet the highest of industry standards and we deal with all legal matters in an appropriate and professional manner - to ensure you get the outcome you deserve. Benefitting from well over a decade of experience, we’re thorough and helpful, so contact us today with any enquiries or to book a convenient appointment with your local solicitor firm.
Comments