Gepp Solicitors - Solicitors in Chelmsford, Essex

There are many ways to bring an employment relationship to an end, such as resignation, dismissal or redundancy.

Often with dismissals, you may feel that it was decided and / or carried out unfairly or unjustly. We are here to help to consider whether your dismissal should not have taken place as it had, and if so, help you take appropriate action.

What is Unfair Dismissal

A dismissal can be unfair if the reason was not one of the five fair reasons under the Employment Rights Act 1996 (see below).. Alternatively, it can also be unfair if no due process was followed. For example, if an employee was dismissed for gross misconduct, a correct disciplinary process must been followed by the employer or there to have been a finding of misconduct to justify the dismissal.

Key elements of unfair dismissal

Eligibility: The employee must have been continuously employed for at least two years to quality for unfair dismissal protection, unless the dismissal is for certain protected characteristics (like discrimination).

Reason for dismissal: the employer must have a fair reason for dismissal. Acceptable reasons include:

  • Conduct (misconduct or poor performance).
  • Capability (inability to perform job duties).
  • Redundancy.
  • Statutory illegality (employing someone in a role that is illegal).
  • Some other substantial reason.

Fair Procedure: Employers must follow a fair procedure when dismissing an employee. This includes:

  • Conducting a proper investigation.
  • Giving the employee a chance to respond.
  • Following a disciplinary procedure if relevant.

Notification: employees should be informed of the reasons for their dismissal and given an opportunity to appeal the decision.

Time Limits: Claims must be made within three months of the dismissal date.

Employment Tribunal: If an employee believes their dismissal was unfair, they can bring a claim to an Employment Tribunal.

If you feel that your dismissal was not fair, or not carried out properly, there are a number of potential claims that might arise and we can help you explore those and decide on the best course of action to proceed.

See our employment law for employee pricing here.

For more information or advice

Contact Josh Fresle on:
Call: 01245 228141 or
email: freslej@gepp.co.uk

Area of Expertise

Your Unfair Dismissal Team

Jemma Bennett

Senior Paralegal

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Josh Fresle

Solicitor

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Karen Fresle

Legal Secretary

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Unfair dismissal FAQs

Get in touch

If you want to find out more about the services we can offer you, please feel free to get in touch.

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