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Unfair Dismissal

Unfair Dismissal

One of the most common claims in the Tribunal is unfair dismissal. Once employees have worked for their employer for 2 complete years they gain full unfair dismissal protection.

This means that an employer can only dismiss employees for one of five potentially fair reasons:

  • Capability or qualifications
  • Conduct
  • Redundancy
  • Breach of statutory duty or restriction
  • “Some other substantial reason”

In addition, the process that they follow to dismiss an employee must be fair and reasonable.

If you have been dismissed for a reason that was not potentially fair and/or if your dismissal was not procedurally fair, you can present a claim to the Employment Tribunal.

If the Tribunal agrees that the dismissal was unfair then they will generally award you compensation.

In some circumstances even if you have been dismissed for a ‘fair’ reason there might be a situation where you have not been paid your contractual notice payment (including accrued holiday pay) and in those circumstances there might be a claim for ‘breach of contract’ or ‘wrongful dismissal’.

Furthermore, in circumstances where an employer’s actions have made the continuance of the employment contract to be impossible (that is the relationship of trust and confidence has broken down) there might be a situation where you are entitled to leave your employment and claim for ‘constructive dismissal’.

This is a complicated area and it would not be wise for an employee to assume that ‘constructive dismissal’ will be made out, so it is always imperative to seek expert advice before deciding to leave your employment.

If you think that you may have been unfairly dismissed, we can advise you whether you have a claim and how the case is likely to proceed in the Tribunal.

Free Enquiry

All initial enquiries are completely free of charge. Please either call us on 0121 746 3002 or complete a Free Online Enquiry to see how we can help you.

Ellis Hass & Co Solicitors
Avon House
435 Stratford Road
Shirley, Solihull
B90 4AA

Free parking.

Discrimination at Work

Under the Equality Act 2010, it is against the law to discriminate against someone in respect of the following protected characteristics:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Discrimination itself can take many forms, and the following types of conduct are prohibited by the Equality Act:

  • Direct discrimination (where someone is treated less favourably because of a protected characteristic)
  • Indirect discrimination (where someone is affected by acts which, whilst not intended to treat anybody less favourably, have the effect of disadvantaging people with a particular protected characteristic)
  • Harassment
  • Victimisation
  • Instructing, causing, inducing or helping any of the above types of unlawful conduct

It is very important that a discrimination claim is submitted to the Tribunal in a particular way, as there are various factors which claimants have to show in order for a claim to succeed and if these are not dealt with in the ET1 the claim could fail. If you think that you may have a claim for discrimination, we are able to advise you of your options and draft an appropriate claim form.

Free Enquiry

All initial enquiries are completely free of charge. Please either call us on 0121 746 3002 or complete a Free Online Enquiry to see how we can help you.

Ellis Hass & Co Solicitors
Avon House
435 Stratford Road
Shirley, Solihull
B90 4AA

Free parking.

Redundancy Claims

It is a sad fact that during periods of economic downturn even a ‘job for life’ might no longer be available and in such circumstances an employer has a legal obligation to comply with the law in terms of making redundancies.

The first consideration is whether the situation meets the test of redundancy i.e. a lessening in the need for work “of a particular kind”.

The employer must have a proper selection policy for a ‘pool’ of employees who are ‘at risk’ of redundancy, and the selection criteria is often open to criticism.

There will have been a need for proper consultation prior to selection of the pool and whether suitable alternative work is available.

The position may have become more complicated if the employer has sold or transferred all or part of the ‘undertaking’ so that TUPE might apply.

If you are facing the risk of redundancy we will be able to advise on your options and if the redundancy position is genuine we will consider the compensation payable and if appropriate obtain an enhanced settlement if the redundancy is going to take effect. We will also be able to advise further in respect of a Settlement Agreement if this is the preferred option once any agreement has been made.

Free Enquiry

All initial enquiries are completely free of charge. Please either call us on 0121 746 3002 or complete a Free Online Enquiry to see how we can help you.

Ellis Hass & Co Solicitors
Avon House
435 Stratford Road
Shirley, Solihull
B90 4AA

Free parking.

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