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How to deal with an unfair dismissal

April 3rd, 2017

As an employee, you have the right not to be dismissed unfairly.  

Your dismissal could be deemed to have been unfair if your employer didn’t have a good reason to dismiss you or hasn’t followed their company procedure properly.

Concerned you have less than two years’ service?

It’s a common misconception that if you have less than two years’ service, you don’t have any employment rights. It’s a commonly held belief that within the first two years of service your employer can dispense with their usual procedures and dismiss you more easily, without fear of an employment tribunal. Though it is more difficult to take an employer to a tribunal within the first two years of service, it is also true that an employer must act within the law from day one. Whatever your length of service, there are certain circumstances that are deemed ‘automatically unfair grounds’, these include your dismissal being specifically linked to exercising your rights relating to:

  • Pregnancy and maternity leave
  • Family reasons, including time off to help dependents such as parental leave, paternity leave or adoption leave
  • Joining a trade union, representing other employees or taking part in protected industrial action
  • Pay and working hours, such as your right to take a holiday, receive the minimum wage, receive working tax credits or in relation to working time legislation
  • Discrimination on the grounds of sex, race, disability, age, sexual orientation and religion or belief

In addition, your dismissal may be deemed to be unfair:

  • If you exposed wrongdoing in the workplace (whistleblowing)
  • If you were taking action on health and safety grounds
  • If you’ve been forced to retire
  • If you were carrying out jury service

If you’re unhappy about the manner in which you were dismissed, then the team at Lennons Solicitors can help you. We offer a range of Employment Law services for both employers and employees – giving us a broad range of experience and a distinctive perspective on proceedings. We can help you with general advice on your employment rights, any grievances you may have, claims and settlements. Moreover, we’re completely transparent about our fees. If you’re concerned about the cost of taking legal action, we can agree to take action on a no win, no fee basis. If you’re looking for some general advice, we can offer this on a fixed fee basis – so you know where you are financially.

If you’re considering taking your employer to an employment tribunal, remember you must do so within three months of your dismissal, so if you’ve been dismissed and you think it may have been unfair, then contact us at Lennons Solicitors, we’ll be happy to help and advise you.

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