Unfair Dismissal

Unfair Dismissal

As an employee, you have the right not to have your employment ended unfairly. This could be either by your employer dismissing you or by feeling that you have been forced to resign.

Expert employment law advice and guidance

If you believe your dismissal is unlawful, then you may be entitled to compensation. At Goodwyn Herrera we can advise you as to your rights and bring a claim against your employer on your behalf.
We have in-depth employment law expertise and act for clients across a wide range of sectors. Our advice is clear and practical and we will work with you to safeguard your interests and obtain a fair resolution to your case.
Wherever possible, we always try to resolve matters without recourse to an employment tribunal. We are expert negotiators and have an excellent track record of success.
If your case does proceed to an employment tribunal, we will put together a strong case on your behalf and ensure that you have the best possible representation.

Unfair dismissal

If you have worked for your employer for two years or more, you have the right not to be unfairly dismissed. There are a number of fair reasons for dismissal, as follows:
Misconduct
Capability, performance or qualifications
Redundancy
Where it would be in breach of a law if they were to continue in their job
Some other substantial reason
Your employer must follow a fair process when dismissing someone. This means that they must follow any procedure they have set out in their employee handbook, which will usually be similar to the Acas Code of Practice on disciplinary and grievance procedures.
There are also a number of reasons for dismissal that are automatically unfair. You do not have to have been employed for two years to bring a claim if you have been dismissed for these reasons. They include the following:
Pregnancy or maternity
Asking for flexible working
Enforcing your legal rights, such as the right to a minimum wage
Raising a health and safety issue
Taking part in trade union activities
Whistleblowing

Constructive dismissal

Constructive unfair dismissal is when you feel that you have no choice but to resign from your job because of a serious breach of your contract of employment or a breach of the trust and confidence between you and your employer. If you have been employed for more than two years, you may be entitled to bring a claim.
Examples include the following:
Failure to deal with complaints or grievances such as harassment or bullying
A change in your working hours
Demotion
Unreasonable disciplinary proceedings
A reduction in salary
Stress or overwork
Unfounded accusations of poor performance
Being required to work in breach of health and safety rules
It is important to raise a grievance as soon as you can. If you do not, you could be held to have consented to the breach of your contract. Failing to file a grievance with your employer could also risk a reduction in the amount of compensation you may receive.

Contact us

If you believe that your employer has treated you unfairly or they have not followed the correct procedure when dismissing you, you are advised to seek legal advice and representation.
At Goodwyn Herrera we are experienced in providing employment law guidance to employees in all sectors. Our advice is clear and practical and we will work hard to obtain a fair and just outcome on your behalf.
We understand how difficult it is to be involved in a dispute with your employer. We are friendly and approachable and work in a hands-on way to ensure that you have support and guidance throughout.
If you would like to speak to an expert employment solicitor, call us on 020 8187 6495 or email us at enquiries@gwhsolicitors.co.uk to make a free no-obligation enquiry.

Get in touch with us

At Goodwyn Herrera we are experienced in providing employment law advice to businesses. Our clear and practical advice is designed with your business success and commercial objectives in mind. If you would like to speak to an expert employment solicitor, call us on 020 8187 6495 or email us at enquiries@gwhsolicitors.co.ukto make a free no-obligation enquiry.