Unfair Dismissal
Facing an unfair dismissal from work?
Contact the experienced employment law solicitors at Campbell Solicitors for expert employment law advice. We serve clients across Birmingham and Solihull.
Employment law services
An employee can bring a claim for unfair dismissal provided he has more than 24 months continuous service with his former employer and the claim is submitted within 3 months from the date of the dismissal.
To successfully defend the claim, the employer would need to prove to the tribunal firstly that its reason for the dismissal was fair. There are 6 potentially fair reasons:
To successfully defend the claim, the employer would need to prove to the tribunal firstly that its reason for the dismissal was fair. There are 6 potentially fair reasons:
- Redundancy
- Conduct
- Capability
- Some other substantial reason, e.g. personality clash
- Legal obligation to end employment, e.g. employee goes to prison
- Retirement
If the employer is able to rely on one of the above grounds, the tribunal will then consider whether the employer acted reasonably in relying on the fair reason as sufficient in justifying the dismissal of the employee.
In deciding this, the tribunal will consider the size of the employer and its resources. It will also consider ‘the band of reasonable responses’ test. This looks at whether the response of the employer was reasonable in the circumstances.
Secondly, the tribunal will consider whether the employer carried out a fair disciplinary procedure in line with the ACAS code of practice. If the employer is able to show that it had a fair reason for the dismissal but did not carry out a fair procedure, then the employer is not likely to be able to show that the dismissal was fair.
What will a successful claim for unfair dismissal lead to?
A successful claim for unfair dismissal will lead to damages being awarded based on net loss of earnings from the date of termination of employment up to the date of the tribunal hearing (normally about 6 to 8 months net losses NB this is capped at the statutory maximum). Employees have a duty to mitigate the loss (i.e. to find another job) and any earnings will be offset against the damages that could be awarded. Awards can also be reduced for contributory fault.
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Ending employment
There are different obligations and rights, which come as a result of ending employment. These rights and obligations depend on the way in which the employee exits. They may include resignation, redundancy, dismissal or retirement. At Campbell Solicitors, we can provide you with professional and comprehensive legal services on a range of employment law topics.
In addition to legal advice for employees, we also offer advice to employers.
For employment law services across Birmingham and Solihull, call Campbell Solicitors on
0121 270 6343
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