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Employment Law for Employees

Dismissal Solicitors

Facing dismissal from your workplace can be a challenging experience.  You will be looking for competent support from experienced Employment Lawyers to help you come to terms with what has happened and to find a way forward.

It is important to understand your rights as an employee and the grounds for different types of dismissal claims.

Unfair Dismissal

Unfair dismissal occurs when your employer has terminated your employment contract without a fair reason or they have failed to follow proper dismissal procedures. The grounds for unfair dismissal could include:

  • Lack of a valid reason: Your employer must have a valid reason, such as misconduct, poor performance, redundancy, or a breach of employment terms, for dismissing you.
  • Unfair procedure: Your employer must follow a fair and transparent dismissal process, including providing you with the opportunity to respond to any allegations made against you.
  • Automatically unfair reasons: Dismissal is automatically unfair in cases involving discrimination, trade union activities, asserting employment rights, or whistleblowing.

Constructive Dismissal

Constructive dismissal occurs if you have resigned due to a fundamental breach of contract by your employer and you felt there was no other alternative but to resign. Key grounds for constructive dismissal could include:

  • Breach of contract: A serious breach of employment terms, such as harassment, change in working conditions, or failure to address health and safety concerns, may justify your resignation.
  • Failure to address grievances: If you have raised a legitimate grievance, and your employer has failed to address it properly, you may have grounds for constructive dismissal.

Should you feel the need to resign, before doing so it is imperative that you make efforts to discuss the issue with your employer through their internal procedures, keeping thorough records of your dealings including any communications and attempts at resolution.  Should the matter not be addressed satisfactorily by your employer, it is at this stage we would suggest you take legal advice to consider your options.  One of those may be to resign with notice, making it clear that your employer's actions are the reason behind your resignation and could amount to constructive dismissal.  Our Dismissal at Work Solicitors can discuss the likelihood of success with you prior to making this significant decision and review your options with you.  

Wrongful Dismissal

Wrongful dismissal refers to a breach of contract when they are ending your employment. Grounds for wrongful dismissal could include:

  • Failure to provide notice: Your employer must provide the agreed-upon notice period or payment in lieu of notice, unless there is a justifiable reason for summary dismissal.
  • Breach of contractual terms: Dismissing an employee in violation of the terms of your contract, such as unjustified disciplinary action, may lead to a wrongful dismissal claim.

Understanding your rights in the face of dismissal is crucial for protecting your interests. No matter the type of dismissal, there are time limits involved to bring an Employment Tribunal claim, so it is imperative to seek legal advice as soon as possible.  Our Employment Law Solicitors can advise you about the possible outcome and whether it is likely that you would be entitled to a dismissal compensation claim.  

Contact our Dismissal at Work Solicitors

If you have been dismissed and you are unsure where to turn for advice, contact our Dismissal at Work Solicitors today from one of our offices in Andover, Romsey, Salisbury, Totton or Witney. You can use the Contact Form, email info@parkerbullen.com or call one of the phone numbers below: