Unfair Dismissal Solicitors
Getting fired from your job is one of the worst things that can professionally happen to you in your life. It is gut wrenching and at worst could potentially ruin your finances and family life/family. However, being dismissed from your job/position when lawfully you should not have is even unpleasant.
In the United Kingdom/England complicated employment laws/rules govern when an employer is authorised to send away an employee. There is several a time when an employer has applied the grounds of release as a smokescreen for dismissing employees for other reason. Other times employers will send away employees using a disciplinary course of action which simply is not reasonable. There are even more awfulness stories about pregnant ladies being dismissed because they are pregnant!
The simple fact is that if you have been dismissed from your job you need to be satisfied that the release was reasonable, for the proper reasons and met the terms in all material respects with the employment rules in England.
An unfair dismissal occurs when your employer terminates your contract of employment not in accordance with related UK laws.
There are two major ways of getting fired:
1. Being actually dismissed
2. Being constructively dismissed
You are actually dismissed when you are given notice that your employment position has been ceased (either through redundancy process or a disciplinary process).
You are constructively released if you feel that you are forced to leave your employment as a result of unreasonable behaviour of your employer or unreasonable changes to your employment contract (e.g. being asked to work in offices 150 miles away from your current location). Bullying and threats of harassment in the workplace would also be included as a constructive dismissal. Being constructively dismissed is never allowed.
Once you have been released you need to ensure that the dismissal was in accordance with the laws. Simply put for a release to be fair there must be a precise reason for the employer to discharge you. There are three major grounds for release and they are either being ill, being made redundant or actionable misconduct.
If your dismissal arose out of any other event then that dismissal would automatically be unreasonable. Below I set out some general examples of dismissal situations which are completely against the law:
1. Not following company disciplinary method precisely
2. Being dismissed since you are a member of a trade union
3. Being dismissed for being pregnant
4. Being dismissed as a result of your race
5. Being dismissed as a result of your sexual orientation
6. Being dismissed whistle blowing on fellow employees or company process
Unfair Dismissal Solicitors
If you have been released as a result of a disciplinary method then the employer needs to make sure he has done the following/comply with the terms below:
a) put in writing the reasons for that dismissal in a reasonable time
b) provide you with a reasonable hearing so you can address any matters raised against you
c) provide you with a privilege of appeal against any dismissal judgement made against you
Again if the employer has not done any of these things the dismissal will be unreasonable. If you believe that dismissal has been unreasonable that means you are entitled to bring about unfair dismissal claim pursuant to employment law at an Employment Tribunal. Next on you list should be to find a no win no fee employment solicitor.