Providing clear, practical advice to cut through the confusion and stress.
UK unfair and wrongful dismissal law protects employees from being let go from their jobs for an unfair reason or in an unfair way. If your employer dismisses you for a reason other than one allowed by law or without following the correct procedure, you could be entitled to make a claim for unfair or wrongful dismissal, for which compensation for a successful claim can be substantial.
Our team regularly advises employees who have been dismissed or are about to be in acrimonious circumstances. To find out if you may have been dismissed contrary to your rights then get in touch.
What is the difference between unfair and wrongful dismissal?
Unfair dismissal occurs if your employer dismisses you for an unfair reason or using an unfair process. Wrongful dismissal, on the other hand, is where an employer has breached a term in the employment contract when dismissing an employee. An example of wrongful dismissal is where an employer does not provide adequate notice; whereas an instance of unfair dismissal occurs where an employee is dismissed following a wrongful accusation of gross misconduct.
Some dismissals are known as automatically unfair. This is where an employer is dismissed for a reason protected by legislation. A dismissal will be automatically unfair if it relates to:
- Maternity and paternity leave
- Health & safety
- Trade union activities
What are the rules for unfair dismissal?
An employee will be protected from unfair dismissal after two years of continuous service. However, if the dismissal is automatically unfair, the employee will be protected regardless of how long they have worked for their employer.
A claim for unfair dismissal must be raised with an Employment Tribunal within three months (less one day) of the date of their dismissal.
What to do if you think you have been unfairly dismissed?
This is a complicated area of the law and so it is beneficial to seek independent legal advice if you think your dismissal is unfair. An employment law specialist will carefully consider the circumstances to determine whether the dismissal is indeed unfair and the next steps to take.
If you are considering making a claim to an Employment Tribunal you are first required to notify the Advisory, Conciliation and Arbitration Service (Acas), and you will be invited by to attempt to resolve the issue with your employer out of court. If this process fails, you may wish to make a claim to a Tribunal. Our team can assist throughout, from notifying Acas and taking part in the early conciliation process to representation before the tribunal.
Contact our Unfair Dismissal Lawyers London
Our Employment Lawyers are based in London and work with executives and other senior employees throughout England. We can help clients throughout unfair dismissal matters, from out of court negotiations to representation before a Tribunal. To discuss your unfair dismissal concerns with our highly approachable and professional team, call 0207 374 6546 now or contact us online.