Unfair Dismissal

Unfair Dismissal

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Generally, employees must have completed a two year period of service before they have the right to claim unfair dismissal.

In some cases, dismissals are deemed automatically unfair and, in most such cases, employees do not need a qualifying period of employment of two years. An example would be if an employee was dismissed when participating in official industrial action at the time of dismissal.

If a claim succeeds, compensation usually consists of a basic award and a compensatory award. The basic award is calculated based on a formula that takes account of age, length of service and the amount of a week’s pay (similar to statutory redundancy payments). The compensatory award is an amount that the Tribunal believes is just and equitable reflecting the financial loss caused to the employee by the unfair dismissal. It will typically take account of any salary, pension and other benefits lost by the employee, until new employment is obtained or for such a period as the Tribunal thinks is just and equitable.

If you need to dismiss an employee, we can help you to do so fairly. If a claim is brought, we have an excellent record of defending claims and can represent you at all stages of the proceedings.

We Advise On:

  • dismissing fairly
  • process and procedure
  • strengths and weaknesses of your case
  • settlement (where appropriate)
  • defending a tribunal claim, including strategy and representation

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