Adams is regularly contacted by employees who feel that they have been unfairly dismissed or discriminated against. This is clearly a stressful time.
Adams do not take on every case. For example, we do not handle claims for unfair dismissal for workers who have been employed for less than one year. However, if you have been employed for more than a year, please do get in touch. We will take some initial details about your particular legal challenge, and tell you immediately whether we are able to help or if you may be better advised seeking alternative advice. For example, if you do not live or work in London or the surrounding counties, you would probably find it more convenient to consult a solicitor closer to your place of employment. However, if we believe that we can be of assistance, we will offer a more detailed consultation, at which point we will tell you where you stand legally, explain your rights and obligations and suggest what you should do next. Depending on the case, this is often provided free of charge. Please note that Adams does not take on cases funded by Legal Aid.
What Is Unfair Dismissal?
Unfair dismissal occurs when your employer dismisses you, or you are fired, for what might be termed an ‘unfair’ reason. It can also be applied if your employer has not carried out the correct procedures in terminating your contract of employment. For example, should you arrive at work and be told by your employer that you are dismissed, without having given you the reason, or following the correct procedures. In short, your employer must be able to prove that there is a genuine reason for your dismissal and that they have acted fairly and followed a fair procedure.
What Is A Fair Reason For Dismissal?
The above obviously raises the question of what is a fair reason for dismissal. There are a number of possibilities here. For example, gross misconduct would count as a fair reason. Alternatively, you may be made redundant, you may lack the ability to do your job, or you may simply be on a fixed term contract that has come to an end. However, once again, it is important that your employer shows you the reason for your dismissal and follows a fair procedure.
Tribunals And ‘Fair Procedures’
If you feel that none of the above apply, and that your dismissal was not fair, you can go to an Employment Tribunal. This will decide whether it was fair to dismiss you. It will consider whether the decision to dismiss you was within a range of reasonable decisions that an employer might take in response to your situation and will of course examine whether correct procedures were followed.
Fair procedures generally comprise three main stages. Firstly, they must advise that they are starting a procedure which may lead to your decision. They must provide the opportunity to appeal. If an employer does not follow this procedure, it is likely that the dismissal is unfair. Your employer must also ensure that the procedure is carried out fairly and that the decision is not already made at the outset, and that you are given a genuine opportunity to put your case forward. Your case will be stronger if you have been employed for at least a year. .
