Unfair Dismissal

There are a host of different reasons as to why an employee could be dismissed from work. The termination could be as a result of disciplinary procedures, discrimination, bullying or harassment, the dismissal could even be mutually agreed between the parties.

There are, however, occasions when an employee is unfairly dismissed as a result of the actions of their employer. The onus is on the employer to show that it terminated employment for one of the lawful reasons and that it acted reasonably in treating that as a sufficient reason for termination.

Even if an employer believes it has reasonable grounds to terminate, if an Employment Tribunal is of the view that no reasonable employer would have dismissed in the same circumstances, taking into account the size and administrative resources of the employer, then the dismissal will be unfair. Even in cases where dismissal is justified, it can still be unfair if the employer does not follow the correct procedure, or where the employer has failed to carry out a proper investigation in cases of gross misconduct.

Our team of specialist employment solicitors are here to help.

At Ison Harrison Solicitors, we can advise you on the merits of your case and we will ensure that your best interests are put first. The head of our Employment Department, Yunus Lunat, has over 15 years' experience of dealing with a whole host of employment matters.

As Yunus is a solicitor-advocate, not only will he conduct your case from start to finish, he will also represent you in your Employment Tribunal if required, this ensures that you are represented by someone you are familiar with, who has all the facts and knows your case inside out.

  • Key Facts

    • You must have been working for your employer for more than 2 years continually.
    • You must proceed with your claim within 3 months less 1 day from the effective date of your dismissal - it is important to seek legal advice as soon as possible in order to avoid your claim being time-barred.
    • You must contact ACAS and notify them of your claim details in accordance with the mandatory conciliation process - we can contact ACAS on your behalf and will ensure that your case is put forward in a coherent and persuasive manner.
    • You may also have a claim for Wrongful Dismissal.
    • If you have been wrongfully dismissed you must still seek alternative employment.
    • Damages for wrongful dismissal are normally free of tax.
    • Your employer must follow proper procedures when dismissing employees and the dismissal must be fair and the procedure followed must also be fair.

If you would like to discuss your case with our team of expert employment solicitors they can be contacted today on 0113 284 5023.

Alternatively, you can e-mail Yunus Lunat, the Head of our Employment Department directly by clicking here.

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