As you employee, you have a right not to be dismissed unfairly by your employer. To claim for unfair dismissal, an employee usually needs to have been in employment with that particular employer for a minimum of one year. The employee then has to establish whether or not they have been dismissed. This can be done with the help of employment solicitors. Once dismissal has been established, the employer must then prove that the dismissal has come about due to one of five reasons.
The first of the reasons is redundancy. To ensure that an employee’s redundancy dismissal is fair, it is essential for the employer to adopt an objective process of selection. If they do not, employees may be a case for unfair dismissal. Furthermore, employees may be eligible for an increase on a compensation award already received.
The second reason is illegality. This is where an employee is dismissed when they have been committed or accused of committing a crime. This may be in work or outside of work. There are often times where the dismissal of a worker who has committed a crime is reasonable. However, if an employee believes that his or her dismissal has not been reasonable, then is the time to seek the advice of employment solicitors.
The third reason is capability. An employee may be dismissed if they are deemed incapable of doing their job either because of illness or incompetence. Among the reasons for fair dismissal are a lack of adequate qualifications and long periods of absenteeism due to sickness. Employers contemplating dismissal based upon capability issues should refer to the correct procedures for doing so in order to avoid unfair dismissal claims by the employee.
A fourth reason is conduct. Continued flouting of the rules, theft from a company or fraud are prime reasons for dismissals for misconduct. As an employer, it is essential that the dismissal of an employee is handled objectively and fully as failure to do so may result in the employee winning an unfair dismissal case and possibly being granted an increase in their compensation award.
The fifth reason for dismissal may be some other substantial reason. The onus falls on the employer to ascertain that another reason which does not fall into the four aforementioned reasons is substantial enough to justify dismissal of an employee. While an employer may be able to prove that dismissal of an employee was fair, it is then down to the Employment Tribunal to decide whether the dismissal was conducted in line with the correct procedures.
It is not difficult to come to the conclusion that employment law is highly complex and it is for this reason that both employees and employers facing unfair dismissal trials should hire employment solicitors. Where necessary, an employment solicitor should inform parties about obtaining legal aid. When taking on an employment legal case, it is essential to select the right type of solicitor. In employment cases, the hiring of family solicitors, divorce solicitors or separation solicitors simply will not do. In these cases, employment lawyers, not family lawyers, divorce lawyers, commercial litigation lawyers or separation lawyers, will be best suited to helping you to win your case.