If you are an employee who feels that they have been unfairly dismissed by their employer, you may be feeling powerless and daunted. However, if you truly have been unfairly dismissed you do have the right to make a claim and may be entitled to compensation or reinstatement. This area of the law is relatively complicated so it is always a good idea to consult employment law solicitors to help you handle your case.
Dismissal simply means the termination of your employment by your employer. It might be done verbally or in writing, with or without notice. It may also happen when a fixed term contract is not renewed or when an older employee is forced to take retirement against their wishes. Another type of dismissal is constructive dismissal, whereby an employee feels they have no choice but to leave their job because of the unreasonable behaviour of their employer.
Employment law solicitors will advise that the law states that an employee has the right not to be unfairly dismissed. A dismissal may only be fair if it is for a potentially fair reason which might be misconduct or incapacity. The employer must demonstrate that it was reasonable of them to dismiss an employee on those grounds. Dismissal may be automatically unfair if the employer has not followed a statutory disciplinary procedure.
Any employee who feels they have been dismissed unfairly should consult with employment law solicitors who will be able to advise. In the majority of cases an employee must have been working for the employer for twelve months and must claim within three months of the last time they worked for the employer, or the last day of their notice period. A successful claim at the employment tribunal could result in compensation or reinstatement.