Making Sense of Employment Law - Wrongful and Unfair Dismissal Advice
There is no such thing as a job for life. Whether you are an employee or an employer, at some stage you may need information on wrongful and unfair dismissal.
The law on unfair dismissal states that wrongful dismissal arises when an employer does not follow the terms of an employee’s contract when dismissing him or her. Such a breach of contract can mean employers are unable to enforce restrictive covenants and other contract terms.
Unlike unfair dismissal law claims, employees do not need a qualifying period of employment to bring a claim for wrongful dismissal. The law on unfair dismissal is quite clear in one respect, although a dismissal may be for a fair reason, it can amount to unfair dismissal if the employer:
- Does not follow the correct procedure or
- The decision to dismiss is not within a range of reasonable responses.
For a dismissal to be fair, there must be both:
- A fair reason to dismiss, for instance redundancy, capability or conduct
- A fair procedure.
If either element is missing an unfair dismissal results. It is therefore essential employers take advice on unfair dismissal law in the UK before contemplating dismissing a staff member.
In addition, employers should be aware if they act in a way that amounts to a fundamental breach of contract with an employee, the employee can raise a grievance. If an employee is not satisfied with the result, they could resign and claim constructive unfair dismissal.
Avoiding unfair dismissal - advice from martin searle solicitors
At martin searle solicitors we recognise dismissals are sometimes necessary, but we always recommend, in the spirit of best practice, it should be a last resort. Employers must follow a fair procedure.
Dismissals in a case such as redundancy can be hard for all concerned. If the procedure is handled badly it can have serious implications on the ongoing viability of a business. When it comes to unfair dismissal, advice from a professional early on can make all the difference. We have a wealth of experience advising companies and individuals on redundancy issues and can advise employers as to their legal position and best practice.
As an employee you may feel you have a potential unfair dismissal claim (or wrong dismissal claim) against your employer. The team at martin searle solicitors can advise on your position in relation to the law on unfair dismissal. We will also recommend alternative means of funding should you need to challenge your dismissal using unfair dismissal law.
Want to talk to us about unfair dismissal claims?
For advice on wrongful or unfair dismissal please email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
