Unfair Dismissal

Losing your job can be one of the most challenging and emotional times in your life and if you feel your dismissal was unfair, this can make a stressful time even more difficult.

If you believe that you have been unfairly dismissed, in some instances you could take the case before an employment tribunal.  Our employment solicitors have a wealth of experience in employment law and can discuss your situation and the possible options available to you.  Whether you want help to appeal your dismissal internally, negotiate a settlement with your former employer or indeed, to bring a claim before an employment tribunal, you can rest assured that our employment solicitors have the specialist legal knowledge to advise you on the merits of your case, your rights and help achieve the outcome you desire.

Most claims for unfair dismissal require:

• At least 2 years continuous service (there can be exceptions to this)
• That you are contractually considered to be an employee (as opposed to a contractor, self-employed or “casual” worker)
• That there is a legal reason to consider the dismissal unfair

Within 2 weeks of your dismissal, your employer should provide you with a written reason for your dismissal. There are a number of reasons that are automatically considered unfair, regardless of your length of employment.  These include:

• Pregnancy or maternity leave
• Asking for a statutory right (minimum wage)
• Taking action about a health and safety issue or whistleblowing
• Taking part in trade union activities.

As this is a complex area of law, it is important to seek legal advice as soon as you are dismissed to find out if you have a claim and if so, how we can help you reach a favourable outcome.

For more information, please contact Lisa Aitken on 01926 491181 or email: LisaA@moore-tibbits.co.uk.