Unfair Dismissal
If as an employer you wish to dismiss an employee and do so the employee might be entitled to bring a claim in the employment tribunal for unfair dismissal.. The Employment Rights Act (the Act) gives every eligible employee the right not to be unfairly dismissed by their employer. To be eligible to make a claim for unfair dismissal, an individual has to:
- be an employee and have been dismissed
- have been employed continuously for a year or more at the date of dismissal
- not be in an excluded class (e.g. the armed forces)
If an employee satisfies the above then in order to bring a successful claim they must bring the claim within a set time and show that the dismissal was unfair.
In order to reduce the prospect of an employee bringing a successful claim, you as the employer:
- must follow the correct procedure depending on the circumstances
- be able to justify the dismissal or termination on one of the six permitted reasons allowed for under the Act.
If a dismissal is found to be unfair the employment tribunal can order reinstatement, re-engagement of the employee, or compensation.
At Hart Brown we have successfully defended many claims for unfair dismissal brought against employers. If we believe however that a defence is unlikely to succeed we will tell you and advise you to settle and advise on the amount of any settlement.
To speak to someone who can help with an unfair dismissal claim or any other employment issue call, email or request a call back from one of our specialist lawyers.
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