Unfair Dismissal

 

Unfair Dismissal Solicitors Leeds

The Basics are:

  • Does the employee have the required length of service?
  • Is there a fair reason for the dismissal?
  • Was the dismissal fair and reasonable in all the circumstances?
  • Is the claim in time?

To answer the above, since April 2012 an employee requires two years service to commence a claim of this sort against his/her employer

There are 5 fair reasons upon which to base a dismissal in the Employment Rights Act.  These are;

  1. Conduct
  2. Capability
  3. Redundancy
  4. Illegality
  5. Some Other Substantial Reason

In order to have acted reasonably in deciding to dismiss an employer must also show that it has acted in a fair and reasonable manner.  The Tribunal looks at this with reference to the substantial merits of the case and the size and resources of the employer.

So for example the Tribunal will look at whether a fair procedure was carried out.  In a conduct dismissal this would mean perhaps suspension, investigation of the issues, a disciplinary hearing, right to be accompanied at the hearing and an appeal.

Even if there is a fair reason to dismiss the dismissal may nevertheless be deemed unfair if procedural flaws can be demonstrated.

Reference should be made to the ACAS Code. Failure to comply with the Code could result in increased compensation up to 25%.

The burden of proof to demonstrate a fair dismissal is upon the employer. Employees have three months less one day from the termination of their employment to commence a claim for unfair dismissal.

Prior to claiming employees must now contact ACAS about Early Conciliation. Extensions can be granted in certain circumstance but this is rare.

Contact Andy

What Our Clients Say About Our Employment Law Services

I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

Craig S

Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

Mirra Riz

Consilia Legal, and Marie in particular, have helped me a number of times with thorough and caring legal advice. This last time she helped me negotiate my way out of a difficult work situation. As a result of her candid advice I was able to: a) Leave amicably by resigning b) Secure 3 months pay in lieu of notice c) Obtain written confirmation a standard reference would be provided. Wonderful work as always and much appreciated! I would add there was a detailed plan in place should an amicable separation not have been possible, but this was not needed in the end due to the aforementioned candour. Always best to find an amicable solution.

Rich Holden

focused and friendly professional service. Very responsive to queries and extremely helpful guides during a challenging time. I was referred to Andy Boyde at Consilia Legal, by a friend - I am so grateful they introduced me. Andy was first class.

Daniel Sherman

Marie was an absolute star in helping me put together a case with a former employer,gave me so much guidance when other solicitors simply wouldn't even attempt to look into the claim. Can't thank her enough

Ian Whitaker

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