Unfair dismissal may occur when contract of employment is terminated in certain situations. Dismissal will be classified as unfair if an employer has not been able to establish a potentially fair reason or the tribunal is of the view that the employer did not act reasonably in carrying out the dismissal. In some situations, an employee may be able to take legal action after being dismissed.
Unfair dismissal– What is it?
Occasionally, an employer may be faced with the difficult decision of dismissing an employee, either following an escalation of disciplinary sanctions or for another reason such as redundancy.
Only employees with two years service can claim unfair dismissal, but a dismissal is classified as automatically unfair (regardless of the length of service of the employee) if an employee is dismissed for certain specified reasons:
- discrimination – an employee might be discriminated because of their sex, age, disability, race, religion or sexual orientation
- pregnancy and all reasons relating to maternity
- family reasons including exercising the right of parental leave or adoption leave
- the employee’s membership of a trade union
- health and safety reasons
Constructive dismissal – What is it?
Constructive dismissal is when an employee is forced to resign because of their employer’s conduct. In order to prove constructive dismissal an employee must be able to show that their employer has committed a serious breach of their contract of employment, for example, not paying their wages or breaching the implied term known as the relationship of ‘mutual trust and confidence’. They are difficult claims for an employee to make out, as there are number of hoops through which they must jump to satisfy the tribunal.
Unfair dismissal – Contact us for Legal Advice
Contact our lawyers in Carter Lemon Camerons Solicitors for advice on employment matters. The specialist team at Carter Lemon Camerons Solicitors can assist you with all employment-related matters including unfair dismissal. Our years of expertise in these areas mean that we can provide tailored solutions for your business, making sure that you are in the best possible position to defend potential claims. For more details, please contact Kate Boguslawska or Andrew Firman, partners in our employment team at Carter Lemon Cameron or call +44 (0) 20 7406 1018.