Balfor Legal LLP - The Personal Injury and Specialists
Solicitors who specialise in Accident Compensation Claims
Employment Law
Unfair Dismissal
If you have been recently dismissed by your employer, there are a number of legal points which may result in you having a claim for 'Unfair Dismissal'. If you have not been in employment for 12 months you may still have a claim for 'wrongful dismissal' but this is a claim for 'breach of contract', in other words the amount you were not paid for work done whilst you were there or not being given adequate notice to leave. This may only amount to a week's wages. After working for an employer for more than 12 months, you have the 'right' to be fairly dismissed.
A fair dismissal is for genuine reasons of redundancy (down turn in business or restructuring). If the 'factory' closes, the employer has no choice but to dismiss employees.
Misconduct is another fair reason to dismiss an employee, if a reasonable investigation has taken place into any misconduct by that employee.
Capability and Performance is a fair reason but again, there needs to be reasonable evidence from the employer that it is a good reason.
A lack of qualifications or illegality is another fair reason which includes: whilst an employee is working, it comes to the employers attention that he or she is not professionally qualified to do a job that requires that qualification. Similarly, if that person is not lawfully allowed to work because that person lacks a 'work permit'. It is then illegal for the employer to employ that person so may fairly dismiss that person.
If you feel that your situation does not genuinely fall within one of these categories then I would be happy to discuss the facts of your dismissal. The law compensates individuals by providing what you amy have lost in earnings or wages since your Unfair Dismissal until a time when an Employment Tribunal feel it appropriate that you would have found alternative employment. If you have found new work on better pay, the compensation may be quite low and there is no claim for hurt feelings or inconvenience.
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