Unfair Dismissal

Being dismissed from your job unexpectedly or feeling like you are being forced out of the company can be upsetting and stressful.

Our Employment Lawyers in Basingstoke understand the painful impact that unfair dismissal can have on your career, your mental health and your personal life. They work with you to seek the justice you deserve.

Unfair Dismissal

Once an employee has over 2 years of employment, there must be a valid reason for terminating employment, so unless they can qualify one of the below statements, then the termination of employment will be deemed as unfair.

• The employee lacked capability to conduct their role
• The employee’s misconduct led to their dismissal (dishonesty, theft, poor attendance etc.)
• There was a genuine redundancy of the position
• A statutory restriction prevents the employee from carrying out their role (i.e. a driving ban)
• Some other substantial reason (SOSR) – this can be used for any reasons that do not fit in with the categories above, but must be case-specific

Even if you employer believes that they had a fair and valid reason for ending your employment, it is still up to the Employment Tribunal to decide if this is in fact true or was the best route to take, as opposed to a warning, or further training, for example.

There are some cases where a dismissal will be ‘automatically unfair’ without the need to fulfil a qualifying period of 2 years.

Constructive Dismissal

This occurs when an employee feels that they have no choice but to hand in their resignation or leave the company because of the way they are being treated. This could be down to a number of reasons such as unreasonable work pressures, harassment or breach of contract.

To claim constructive dismissal, you will need to provide evidence that your employer committed a repudiatory breach of your contract, that your resignation was a direct response and that you did not waive or affirm the breach (such as signing an agreement or accepting a settlement to leave).

Legal Advice on Your Dismissal

If you believe that your employer has unfairly or constructively dismissed you, or that they have not followed the correct procedures or paid you correctly, then please get in touch with our Employment Law Team today who can offer you a Fixed Fee appointment to listen to your case and determine what your rights are.

Call us on 01256 844888 or email enquiries@lambbrooks.com.