Employees who have worked for 2 years have the right not to be unfairly dismissed. If the dismissal is connected with discrimination or whistleblowing or raising important legal rights, then the 2-year hurdle may not apply.
Unfair Dismissal Lawyers London
The basics are:
An employer must establish a potentially fair reason for the dismissal: conduct, capability, redundancy, breach of the law (eg: driver loses driving licence) or that the dismissal is for ‘some other substantial reason’- any reason so long as it's substantial- eg: personality clash, a falling out with a client...an employee won't agree to reasonable changes to their contract.
- The employer must act reasonably in treating the reason as sufficient reason to dismiss taking into account all the circumstances including whether a fair procedure has been followed
- There must normally be a fair investigation and the right to an internal hearing (with a work place colleague etc.) and a right of appeal
- Dismissal must be within the range of reasonable responses
For us to help we need a clear picture with dates and evidence. Please ask for a copy of our questionnaire/
Compensation is fixed at an upper limit of 1 year’s net pay plus £544 for each year worked under age 41 and £816 for each year worked over that age to a maximum of 20 years. Employees who are unfairly dismissed must show that they are actively looking for work to be entitled to compensation.
Unfair dismissals are covered by the ACAS Code (1) procedures. Failure to follow these procedures can lead to an increase of up to 25% on any award.
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If you require legal advice regarding unfair dismissal, we can help. Call us or make an online enquiry using the contact form on the right panel.