Unfair dismissal

Being dismissed from work is an upsetting and stressful.  As well as feeling angry or dismay about the situation, you are likely to also feel  worried about the loss of  income and the potential impact on your future career.

If you have been dismissed from work without a good reason or as a result of discrimination, we are here to help.

At Tayntons, our team of friendly and experienced employment law solicitors can provide advice about your legal rights and options after dismissal.

We can advise whether making an unfair dismissal claim is possible as well as providing advice about a wide range of other options, including constructive dismissal, wrongful dismissal, redundancy claims and discrimination & harassment claims.

For more information, contact our employment solicitors in Gloucester by giving us a call or filling in our online enquiry form.

How our employment solicitors can help

We help people in Gloucester and across Gloucestershire make unfair dismissal claims against their employer. We have a strong track record of success in achieving positive settlements on behalf of our clients, including financial compensation.

You can take advantage of our employment solicitors’ unrivalled negotiation skills which mean most of our clients can agree a settlement without going to an employment tribunal. This could save you a great deal of time and stress in the long run and allow you to start moving on with your life and career as soon as possible.

Settlement Agreements

One option for resolving your unfair dismissal  claim is to enter into a settlement agreement with your employer. Essentially, this is a legal contract whereby your employer agrees to pay you compensation (and provide other perks such as a reference), and in return you agree not to take them to an employment tribunal.

If your employer has already asked you to sign a settlement agreement, you must have it signed off by a solicitor, union representative or qualified legal executive. Settlement Agreements  are not legally binding unless you have received independent legal advice, and your employer must contribute at least a proportion of your legal fees.

Advisory Conciliatory and Arbitration Service (“ACAS”) Early Conciliation

Before you issue a claim at employment you must refer it for early conciliation with ACAS.  You can decide whether you want to settle the matter with ACAS’ help at this stage or proceed to an employment tribunal.

We can support you through this process, including helping you prepare and reviewing any settlement to ensure it is in your best interests.

What is unfair dismissal?

One of the most common reasons that an employment dispute is brought to an employment tribunal is due to being unfairly dismissed. This means that your employer has not provided a fair reason for your dismissal .

To be fair, the dismissal must be for one of the following reasons:

  • Conduct – where the employee has acted in a way that in unacceptable
  • Capability – where the employee is unable to do the job or does not have the right qualifications
  • Redundancy – the job is no longer needed
  • Statutory restriction – the employee cannot legally do the job, for example, a lorry driver who does not have the right driving licence.
  • Some other substantial reason – to cover a wide range of other potential reasons, such as the end of a fixed term contract

In addition to the reason being fair, the employer must carry out a  thorough process and consider alternatives to dismissal such as warnings, training or a demotion.

In most situations, an employer should follow the Acas Code of Practice . If the Code of Practice is not followed, this could result in an uplift to an employee’s compensation if the claim is successful.

What is constructive dismissal?

If you feel as if you have been forced to resign, be it from an uncomfortable or insecure work environment or down to unreasonable treatment from your employer, you may have a claim for constructive dismissal.  This can both be a series of incidents where the last one leads you to resign, known as the final straw or one substantial event.

Why choose Tayntons’ unfair dismissal solicitors?

We understand that being dismissed from your job will leave you feeling deeply upset and troubled. If you believe that your dismissal was unfair, then you are doing the right thing by seeking legal advice.

Our team of expert employment solicitors  are here to offer the highest quality of advice and support as well as a listening ear.

Our legal specialists include Alex Lyttle, an experienced solicitor with over 15 years’ experience specialising in employment law. Alex builds long-lasting relationships with his clients, putting them at ease despite the seriousness of the situations at hand.

Tayntons is Lexcel accredited by the Law Society for our high standards of client care and dedication to being proactive and efficient.

Consultation

If you believe you have been unfairly dismissed or made redundant then speak to us at Tayntons. Our Gloucester solicitors have extensive experience in this area and can assist you on  whether you have a case and what your next steps are.

We offer employment tribunal representation also. Why not book an initial consultation of up to 45 minutes at £150.00 plus VAT (£180.00) with our employment specialist team today?

Get in touch with our unfair dismissal solicitors in Gloucester

For more information, contact our unfair dismissal solicitors in Gloucester by giving us a call or filling in our online enquiry form.

To contact us please call 0800 158 4147 or 03330 145451 or email info@tayntons.co.uk

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