One of the most common reasons that an employment dispute is brought to a tribunal is due to being unfairly dismissed. This means that your employer has not provided a fair reason to dismiss you.
To be fair, the dismissal must be for one of the following reasons:
- Statutory restriction
- Some other substantial reason
In addition to the reason being fair, the employer must carry out a fair and thorough process and consider alternatives to dismissal such as warnings, training or a demotion. In most situations, an employer should follow the Code of Practice provided by the Advisory, Conciliatory and Arbitration Service (ACAS). If the Code of Practice is not followed, this could result in an uplift to an employees compensation if the claim is successful.
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.
Covid- 19. (Coronavirus)
Our Employment department remains open and active at this time. All of our staff are ready and equipped to work remotely. Appointments for existing and new clients’ can take place via telephone conference (or in some cases video link.)
For those with listed Court hearings- At present, the Courts remain open though the majority of hearings will take place by telephone. Employment Tribunals are conducting all hearings by way of telephone. We will contact you directly in the run-up to your hearing to discuss the logistics
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 are able to assist you on your whether you have a case and what your next steps are. We offer employment tribunal representation also. Why not book a 45-minute initial consultation at £150.00 plus VAT (£180.00) with our employment specialist team today?