UNFAIR DISMISSAL - UK CLAIMS

English law provides protection from unfair dismissal and victims are entitled to justice and the recovery of financial losses. The legal definition is complex as incidences of employment termination can be unlawful for many different reasons.

This webpage provides guidelines on the law, however, to find out whether a specific incidence constitutes a valid claim it is necessary to speak to a specialist solicitor.

We are specialist employment law solicitors operating throughout England and Wales. We can inform you whether you have a case and tell you your rights and options if you choose to take legal action. We do offer a free initial telephone consultation.

Termination of employment can legally take place for:

• Unacceptable conduct – Examples of this conduct include: theft, corruption, being drunk at work, abusive behaviour, regular absences, constant lateness and unsuitable appearance.
• Capability –when the employee is unable to satisfactorily do their job.
• Redundancy – for a redundancy to be a fair reason for dismissal there must be an insufficiency of work and the choice of the person who is made redundant must follow a fair and consistent procedure.
• Breaking the law – if continuing to employ a person constitutes breaking the law they can be legally dismissed. For example if a foreign worker’s work permit expires, the employer can usually dismiss them, but must always get legal advice on the particular situation before doing so.
• Some other substantial reason - the vast majority of legal justification is covered by the above categories. However there have been incidents of employment tribunals considering other exceptional reason justification for dismissal. Because of this, it is always advisable to speak to an employment law solicitor when unsure whether termination is legal.

Unfair dismissal includes any termination of employment that occurred because of:

• Discrimination – inappropriate treatment due to a person’s race, sex, religious belief, disability, sexuality or age
• Union membership – having employment terminated because they did, or did not join a union
• Entitled leave - including maternity leave/paternity leave/ante-natal leave/ parental leave/dependants leave
• Industrial action - it is illegal to dismiss an employee for taking part in industrial action that lasts less than eight weeks or over eight weeks in special circumstances
• A medical condition - that will not affect their performance at work, for example the HIV virus
• The employee’s refusal to work over 48 hours a week

Despite significant increases in 1999, the appropriate compensation still has a maximum limit. There is no limit to compensation for unlawful sex discrimination and injured parties in serious cases usually press their claims under the Sex Discrimination Act rather than the Employment Rights Act.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

If you believe you have a claim, it is important to get advice from a solicitor specialising in the field of employment law. The specialist knowledge of an employment law solicitor is vital in pursuing a claim to the best conclusion. If you would like advice just telephone us for a free intial consultation.