Unfair Dismissal Compensation
What is Unfair Dismissal?
Every employee has the right not to be unfairly dismissed. To win an Unfair Dismissal Claim, the employee must have been employed for at least one year (more in certain circumstances) and must prove they have been dismissed. The employer must then show that the dismissal was for one of five permitted reasons:
Redundancy
Redundancy arises either when an employer plans closing all or part of a business at the location where the employees work; or where thebusiness no longer needs as many workers to carry on particular work. Full and proper procedure must be followed for redundancy to be fair. Failure to do so is likely to result in the employee being entitled to claim Unfair Dismissal as well as a 10-50% uplift in the compensation award.
Illegality
The employee may have committed or been accused of a criminal offence at work or out of working hours. It may be reasonable to dismiss that worker; for example if the employee needs a driving licence to conduct their work and they lose their licence, it may be necessary to sack them.
Capability
If an employee is not up to the job for which they are employed, does not have the right job qualifications or if they are ill and absent from work for long periods then dismissal under capability may be reasonable.
Employers must follow proper procedure as failure to do so is likely to result in the employee winning an Unfair Dismissal Compensation Claim and an increase in the compensation award.
Conduct
Persistently breaking work rules, theft or fraud are the most common reasons for dismissal.
As with any dismissal, employers must ensure the dismissal is reasonable in the circumstances and that full and proper procedure has been followed as failure to do so is likely to result in the employee winning an Unfair Dismissal Claim with an increase in compensation
Some other substantial reason
If it can be shown that the reason for the dismissal was a ‘substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held’ the dismissal is regarded as potentially fair even if it is not one of the other four reasons above.
Even if an employer shows that the dismissal was for one of the five fair reasons, they must still satisfy an Employment Tribunal that full and proper procedure was followed.
Contact our Unfair Dismissal Solicitors
Our specialist employment law solicitors can advise on how to dismiss someone fairly as well as dealing with situations where Unfair Dismissal has occurred. Following correct procedure is essential. Statistics show approximately 97% of employers lose unfair dismissal compensation claims by failing to follow procedure. Employment tribunals rarely award costs against either party. Parties normally bear their own costs in Unfair Dismissal Employment Tribunal Claims.
Our solicitors also regularly represent clients in Unfair Dismissal Compensation cases in Fordingbridge, Ringwood, Wimbourne, Poole, Bournemouth, Romsey, Frome, Westbury, Sherborne, Warminster, Gillingham and Shaftesbury.
For specialist legal advice from an expert Unfair Dismissal Solicitor contact our Salisbury, Andover, Verwood or Amesbury offices today. Alternatively, for more advice about unfair dismissal, visit our specialist Unfair Dismissal Compensation website.
