Unfair dismissal

We advise both employers and employees on unfair dismissal claims and other employment related disputes such as breach of contract/wrongful dismissal, constructive unfair dismissal, pregnancy/maternity related dismissal and discrimination claims.

What is unfair dismissal?

An employee with 2 years’ service (1 year if employment commenced before 6 April 2012), has a right not to be unfairly dismissed. In order for a dismissal to be fair, there must be:

  • A fair reason for dismissal
  • A fair procedure must be followed and the decision must be fair in all the circumstances.

There are five potentially fair reasons for dismissal:

  1. Misconduct
  2. Capability
  3. Redundancy
  4. Illegality
  5. Some other substantial reason

Even if a fair reason for dismissal is established, an employer must follow a fair process prior to dismissal. A Tribunal will then consider whether the dismissal fell within the “band of reasonable responses” test.

If successful, a claim for unfair dismissal will lead to compensation being awarded by the Employment Tribunal.

So whether you’re an employer or an employee lookingfor bespoke employment law advice to help you deal with unfair dismissal issues, Rahman Lowe have the expertise and experience to assist you.

For further information on unfair dismissal law, click here or if you would like to discuss a specific problem with a specialist employment lawyer, please call us on 020 7956 8699 or email info@rllaw.co.uk.

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