Most of our work is about keeping matters out of Tribunals but sometimes making a claim is the only option.
We act both for employers and employees. In fact it is open to people who are not officially employees but who are workers to bring claims before a Tribunal.
Employees who have been continuously employed by their employer for two years or more, or those persons whose dismissal is related to specific protected grounds, are protected from being unfairly dismissed.
Employers are, of course, permitted to dismiss an employee if they have fair grounds to do so, but in any event they are still required to follow certain procedures before they can make the dismissal. All too frequently employers do not follow these procedures and can leave themselves open to claims by employees.
Equally employers can simply behave unlawfully in dismissing an employee without valid grounds or on grounds which may amount to discrimination. If your employer acts in a way that makes it impossible for you to continue in your job, you may be able to claim you have been “constructively dismissed” even if your employer has not given you notice.
You may be able to bring a claim against your former employer for unfair dismissal if you have been dismissed:
- for alleged misconduct;
- as a result of performance of your job;
- in relation to grievance or disciplinary procedures
- for taking part in lawful industrial action;
- you have been summarily dismissed, without warning;
- you have been forced to resign;
- on any grounds relating to pregnancy or maternity
- on grounds relating to National Minimum Wage
- you have been unfairly selected for redundancy;
If you feel your employer ended your employment unfairly, either because of the reason why you were dismissed, or the process they used, then you may have been unfairly dismissed and may have a claim against your former employer.
An individual‘s employment can be terminated on notice (where the employee is told that their employment will come to an end at a particular date at the end of the notice period) or with immediate effect (often referred to as summary dismissal). Employers can justify summarily dismissing their employee without notice if the employee commits a serious breach of the employment contract, for example theft. However, as a general rule employees are entitled to their notice, and an employer who fails to give sufficient notice may face a claim.