Unfair Dismissal

If you feel that you have been wrongfully or unfairly dismissed or that you were forced out (constructive dismissal), you should get in touch with us as soon as possible. Taking advice before issuing proceedings will ensure that you have your facts presented in the correct way and will reduce the risk of inconsistencies in your claim. Not all dismissals are unfair, and every case is different. We will go through the facts with you and ascertain whether you have a case. 

There are only 5 potentially fair reasons for dismissal and the onus is on your employer to show that;

A. They have dismissed you for one of the five potentially fair reasons and

B. That they have followed a fair and reasonable procedure.

The 5 potentially fair reasons:

• Conduct
• Capability
• Statutory  
• Redundancy
• Some other Substantial Reason (SOSR) – a reason not listed above, but that is of importance to your employer.

A Fair and Reasonable Process.

The minimum process that your employer must follow is set out by Acas in their code of practice. If your employer does not follow the code, there is a good chance that your dismissal will be procedurally unfair. However, the starting point has to be the investigation.

Your employer must carry out a fair investigation, invite you to a disciplinary hearing in writing, hear your side of the story and then make up his mind about the sanction. If you are to be dismissed you should be paid notice and any accrued but untaken holiday entitlement. The exception to this is if you are dismissed for gross misconduct in which case you will not be entitled to any notice or pay in lieu of notice, you will still be entitled to any accrued holiday pay.

To contact our employment law solicitors, please phone our office on 0207 281 1001. You can also email us at enquiries@faradayssolicitors.co.uk