Our Employment solicitors are specialists in navigating and defending internal disciplinary charges, defending client’s reputations and making claims to the Employment Tribunal for unfair dismissal.
An employee who has at least two years continuous employment will have statutory protection from unfair dismissal.
A dismissal of a qualifying employee will be unfair unless:
- The employer can show that the reason (or principal reason) for the dismissal was a potentially fair reason. There are five potentially fair reasons for dismissal including capability, conduct, redundancy, statutory contravention or some other substantial reason. It is for the employer to establish that the dismissal was for a potentially fair reason.
- The tribunal finds that, in all the circumstances the employer acted reasonably in treating that reason as a sufficient reason for dismissal.
The role of the Employment Tribunal will be to review the fairness of the employer’s handling of the dismissal. As you will not be able to go to the Tribunal hearing with more evidence than you had at the original hearing, determined to clear your name, it is important your case is fully and properly put to the employer during the internal procedures before its takes any decisions.
The ACAS Code of Practice – Disciplinary and Grievance Procedures applies to dismissals for misconduct or poor performance, and must be taken into account by tribunals in deciding whether an employer has acted reasonably in relation to following a fair procedure and giving fair warnings prior to dismissal.
Dismissal for certain reasons is deemed automatically unfair and, in most cases, employees do not need a qualifying period of employment – such as being dismissed following a change of employer, making a protected disclosure or as a result of being discriminated or victimised.
If an Employment Tribunal finds that the dismissal is unfair, it can order the employer to re-engage or reinstate the employee or to pay the employee compensation. The Tribunal may also make an award of costs in limited circumstances.
Our Employment Advice Services
Our expert employment lawyers can assist you by: –
- Advising you on the legal position of the allegations against you and the action your employer is or has taken.
- Advising you of what to expect from the disciplinary procedure, the rights you have and what outcome you might expect to achieve.
- Help you prepare your case in defence of the allegations and collating the evidence you will rely upon in support.
- If you are not satisfied with the outcome of the disciplinary hearing, we can advise you about making a claim in the Employment Tribunal.
We are able to offer very competitive rates and fixed fee packages for our work. All our initial advice is provided by qualified solicitors and offered for free, so please call us on 0844 800 9860 or request a call back through our website.