If a former employee has accused you of discriminatory, unfair dismissal, constructive unfair, the employment law solicitors at Farleys are available to provide legal advice and representation if the case of unfair dismissal is brought to a tribunal.
Not all discriminatory or unfair/constructive dismissal cases result in the employee being awarded compensation and can be successfully defended with the advice and representation from an experienced employment law solicitor.
Avoiding Unfair Dismissal Claims
The best way to avoid a claim of unfair dismissal is to ensure that your business always operates within the confines of UK Employment Law. Employees can claim unfair dismissal for a range of reasons, however, they tend to fall into one of three broad categories:
- You, as an employer, dismissed an employee without giving a fair reason for dismissal, such as poor performance, conduct, redundancy etc
- You did not follow the correct process when you dismissed an employee
- You dismissed an employee for a reason considered automatically unfair under UK employment law. Reasons for dismissal considered automatically unfair include requests for maternity leave, exercise of an employee’s statutory rights or dismissals connected to trade union issues
The employment law solicitors at Farleys can provide legal advice on all aspects of employment law, helping you avoid accusations of wrongful or unfair or constructive dismissal.
An Accusation of Unfair Dismissal
If a former employee has accused you or your business of unfair dismissal, a two-stage process will follow. As the employer, the burden of proving that the dismissal was not unfair lies with you. You will therefore have to demonstrate that the employee was dismissed for one of the following reasons:
- they lacked the skills and capabilities to perform their job adequately
- their conduct whilst at work was inappropriate or negligent
- they were made redundant
- there was a legal obligation placed on you to end their employment – for instance, they may have lost their driving licence making them incapable of performing their duties
- a substantial clash of personalities or major business reorganisation
An employment tribunal will then be tasked with deciding if you, as the employer, acted reasonably, or whether the former employee’s unfair dismissal claim is upheld based on the circumstances of the dismissal.
The employment law team at Farleys can provide legal advice throughout the employment tribunal process, ensuring you present the strongest possible case for your defence.