In many instances you need to have been employed for more than two years by your employer before you gain legal protection from unfair dismissal.
But there is a wide range of exceptions to the two-year rule, including dismissal on grounds related to trade union activity, maternity, health and safety, assertion of a statutory right, making a protected disclosure (known as whistleblowing), and taking part in industrial action, among others.
Specialists in high-value and complex unfair dismissal claims, our employment lawyers can advise you on your options based on your specific circumstances.
Contact our employment lawyers on 0207 965 7203
or contact us online.
Expert Unfair Dismissal Lawyers, London
After achieving two years’ continuous employment with your employer, you can only be fairly dismissed for one of five reasons: your conduct; your capability, redundancy, where there is a statutory barrier to your continued employment, or for what the law calls “some other substantial reason”.
For a dismissal to be fair for one of the above reasons, a proper disciplinary or consultation procedure needs to have been followed by your employer. This includes the employer giving you a full advance explanation of the reasons for taking action, details of any evidence gathered against you, and giving you the right to be accompanied at any formal meetings. You also have a legal right to an internal appeal against decision to discipline or dismiss you.
Many employers make mistakes when taking implementing dismissals. In disciplinary cases they often fail to investigate concerns fully. Alternatively, they fail to give the employee full details of the evidence gathered against them, and they often fall into the trap of making their minds up before considering all the evidence and circumstances.
Dismissals for reasons of incapability require employers to go through a procedure of warning the employee that his or her job is at risk, and seeking medical information, if appropriate, before dismissing.
When making redundancies, many employers fail to get to grips with the complex consultation processes required, or fail to put staff into the appropriate pools. Many fail to go through the required consultation processes. And some employers use redundancy situations to get dismiss people whose “faces don’t fit”.
Our employment law specialists have expertise in digging into the details of dismissals, and regularly uncover mistakes made by employers, which can provide the basis of successful complaints of unfair dismissal to an Employment Tribunal.
We have an enviable track record of securing significant compensation for employees by way of pre-hearing Settlement Agreements, and by awards of compensation by the Employment Tribunal. We’re experts in negotiating with employers, and our team relish the challenge of securing the maximum they can for our clients.
Contact Cavendish Law Today
If you’ve been dismissed, and have any concerns about whether it was fair, we will be delighted to carry out a free assessment of your case, and advise you of whether you have strong grounds to make a claim against your employer.
Contact our employment lawyers on 0207 965 7203
or contact us online.
Spanish speaking employment lawyers / despidos improcedentes para empleados y ejecutivos
