Unfair Dismissal

If you have more than two years’ service, you have the right not to be unfairly dismissed and, in some circumstances, you can have protection from day one. At GN Law, we understand how upsetting an unfair dismissal can be.  Our employment specialists are here to offer you the guidance and support you need during this challenging period. 

Contact us today if you think you have been unfairly dismissed because the time limits are short so you must act quickly. We will advise you of your options and how best to proceed – whether you want to try to reach a settlement or issue a claim in in the employment tribunal. 

Understanding Unfair Dismissal

Unfair dismissal occurs when your employer terminates your employment without a valid reason and without following a fair procedure. To categorise a dismissal as unfair, you must establish that your employer lacked a justifiable reason for the action or that it constituted an automatically unfair dismissal. You may also have a valid claim if your employer’s conduct falls below the standards expected of a reasonable employer or if they followed an unjust process.

An male employee appears to be concerned as he is handed a dismissal notice by a colleague.

Who Can Pursue An Unfair Dismissal Claim?

To challenge an unfair dismissal, you must have held employee status. Even if your contract or employer categorised you as self-employed, you may still qualify as an employee. Conversely, if you were not guaranteed consistent work, you may not meet the criteria for employee status. If you lack dismissal rights, you have the option to request your employer to reconsider their decision.

Valid Reasons For Dismissal

Employers can only dismiss employees for five valid reasons:

Automatically Unfair Dismissals

Certain situations automatically classify a dismissal as unfair, regardless of your length of service:

  • Conduct issues, encompassing serious incidents, persistent lateness, dishonesty, and more.

  • Capability concerns, such as poor performance, attitude problems, or health-related issues.

  • Redundancy arising from workplace closure or a diminished need for a specific role.

  • Some other substantial reason, like personality clashes or refusal to accept contractual changes.

  • Statutory restrictions, like disqualification from driving for a lorry driver.

  • Dismissal for asserting statutory rights, such as minimum wage requests.

  • Dismissal due to part-time or fixed-term status.

  • Action taken regarding health and safety concerns.

  • Dismissal related to pregnancy or maternity.

  • Exercise of paternity leave rights.

  • Whistleblowing by reporting employer wrongdoing.

How Can GN Law Assist You?

We offer comprehensive support for ACAS early conciliation, collaborating with conciliators to clarify your claims and the issues with your employer. Our team can also help you negotiate a settlement. If your employer fails to provide fair compensation, we are prepared to guide you through the employment tribunal process.

For expert legal guidance and support in Huddersfield for unfair dismissal cases, contact GN Law today. We are dedicated to safeguarding your rights and assisting you in attaining a just resolution. Do not delay; get in touch with us at your earliest convenience.

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