Making sense of employment law
wrongful and unfair dismissal cases
There is no longer such a 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 may have serious implications for employers as it may mean they are unable to enforce restrictive covenants and other contract terms. Unlike unfair dismissal law claims, employees do not have to have 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 an unfair dismissal if the employer does not follow the correct procedure or if 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 – and a fair procedure must be followed. If either element is missing an unfair dismissal results. It is therefore essential that before employers contemplate dismissing any member of staff they take advice on the law on unfair dismissal law in the UK.
In addition, employers should be aware that 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.
At martin searle solicitors we recognise that sometimes dismissals are necessary, but we always recommend that in the spirit of best practice it should be a last resort. We also recommend employers follow a fair and sympathetic 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. We have a wealth of experience in 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 that you have a potential claim against your employer for wrongful or unfair dismissal. The team at martin searle solicitors can advise you on your position in complete confidence. We will also recommend alternative means of funding should it be necessary for you to take an unfair dismissal claim further.
want to talk to us?
For advice on wrongful or unfair dismissal please email Fiona Martin or phone 01273 609911.