Unfair Dismissal Solicitors
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Unfair Dismissal Discrimination
Unfair dismissal discrimination is one of the most common claims we assist people with at DPH Legal.
Unfair dismissal is a claim based on the Employment Rights Act 1996. An employee is unfairly dismissed when an employment tribunal finds that the termination of their employment was unreasonable. This can be either a substantively unfair dismissal or a procedurally unfair dismissal.
Unfair Dismissal Lawyer
When would you need an unfair dismissal lawyer? There are several potentially fair reasons that employers can dismiss employees. These include redundancy, misconduct, performance issues, capability concerns, or other substantial reasons. All of these potentially fair reasons to dismiss require different procedures to be applied by the employer to avoid a finding of unfair dismissal.
Even if an employer has a potentially fair reason for dismissal, the dismissal can still be considered unfair. This is if the employer’s decision to dismiss the employee was unreasonable. In such cases, the employee may bring an unfair dismissal claim to an employment tribunal and potentially receive compensation for damages.
This would be the case if the decision itself was unreasonable, or if the process followed by the employer was not compliant.
If you are considering raising a claim of unfair dismissal at the employment tribunal, you need to prove that you are an employee. Workers or self-employed individuals can’t make such claims. In addition, you need to have been working for the employer for a minimum continuous period of two years.
Unfair Dismissal Solicitors Reading
Are you looking for unfair dismissal solicitors in Reading? Here at DPH Legal, we advise people from different disciplines within several sectors about their unfair dismissal claims. It is essential that you act quickly in seeking immediate legal advice if you believe you have a potential unfair dismissal claim.
It is important for you to preserve your right to issue a claim of unfair dismissal by contacting ACAS, the Advisory Conciliation and Arbitration Service. You should commence early conciliation within three months of the date of your dismissal. Then, you need to file an ET1 claim form with the particulars of your claim at the employment tribunal to pursue a claim for unfair dismissal.
What is the Average Payout for Unfair Dismissal?
If your claim for unfair dismissal at the employment tribunal is successful, you will receive compensation in the form of damages. This comprises a fixed award equivalent to statutory redundancy pay known as a basic award. It is calculated according to your length of service and age. /span>
In addition to this, if you are successful with your claim of unfair dismissal, you can recover a compensatory award. This amounts to your actual loss of salary subject to a maximum of 12 months’ salary or £115,115, whichever is the lesser sum.
In some cases, the cap on the compensation that can be recovered at the employment tribunal is removed. It may be where the unfair dismissal is linked to a discriminatory reason or whistle blowing.
The calculation of potential compensation for employees who have been unfairly dismissed is complex. We strongly recommend that you seek legal advice to properly understand your position before proceeding with a claim for unfair dismissal at the employment tribunal.
The employment tribunal can reduce any compensation if an employer can successfully argue that although they followed a flawed procedure, this made no difference to the outcome. This is known as a pokey reduction.
For further information on whether you have a viable unfair dismissal claim and the likely damages that could be recovered, please do not hesitate to get in touch.
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