Employees - Unfair Dismissal
In all cases the procedure should be fair and the employer should act reasonably in the circumstances.
"As a general rule, an employee must have been continuously employed
for one year before being eligible to claim that he has been unfairly
dismissed. The exceptions to this are called the "automatically unfair
dismissals", which are not subject to any test of reasonableness and
apply regardless of the employee's length of service." Read More
Your Next Step - Bringing a Claim for Unfair Dismissal
If you wish to discuss how we can assist you if you feel that you have been unfairly dismissed or you wish to discuss any other employment issues then please contact us on 020 8906 6804 or Request a Callback to discuss your requirements further. Alternatively, please complete the Free Initial Assessment form to provide further details of your concern.
We will respond to you, usually within 48 working hours with our initial view of your matter.
Net Employment Solicitors have successfully represented many employees against employers for unfair dismissal.
Read More - Unfair Dismissal
Automatically unfair dismissals are numerous and include dismissals on the grounds of:
- Pregnancy or maternity, including selection for redundancy
- Taking leave for reasons relating to pregnancy, paternity, maternity, adoption, parental and dependent care
- Trade Union Membership, or activities including protected industrial action
- Adhering to Health and Safety Regulations
- Enforcing a Statutory Right
- Applying for flexible working
- Exercising a right to be accompanied, or accompanying another employee to disciplinary and grievance meetings
- A failure to declare spent convictions
- Making a protected disclosure in respect of certain categories of information
- Transfer of an undertaking
- A protected shop worker or betting shop worker refusing to work on a Sunday
- Trusteeship of an occupational pension scheme
- Reasonably attending jury service
- Seeking to enforce the minimum wage
- Seeking to enforce rights under the Working Time Regulations
- Seeking to secure the benefits of a tax credit
- Seeking to enforce rights under the Regulations relating to fixed-term employees and part-time employees
- Asserting a statutory right, such as the right to an itemised pay slip,
statement of terms and conditions, minimum notice period, time off for union activities, not to have unlawful deductions from wages and asserting the right to time off for antenatal care.
Certain of the above rights apply to workers as well as employees.As an employee, if you feel that you have been unfairly dismissed, we would advise that you first bring the matter to your employer's attention through the company's internal appeal procedure, before commencing a claim in the Employment Tribunal.
There are strict time limits for commencing claims in the Employment Tribunal and Courts.