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Unfair Dismissal Discrimination

Unfair dismissal is one of the most common claims we assist people with at DPH Legal.

Unfair dismissal is a claim which derives from statute law and in particular, the Employment Rights Act 1996. An employee is unfairly dismissed in a situation where 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

There are several potentially fair reasons that employers can dismiss employees. These include redundancy, misconduct, performance issues, capability concerns, or some 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 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 alternatively, if the process followed by the employer in affecting that dismissal was not compliant.

If you are considering the possibility of raising a claim of unfair dismissal at the employment tribunal, your need to be able to argue that you are an employee rather than a worker or a self-employed person. In addition to this, you need to have been working for the employer for a minimum continuous period of two years.

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Here at DPH legal we advise people in a range of different disciplines within a number of different sectors in relation to their unfair dismissal claims. It is essential that you act quickly in seeking immediate legal advice if you believe that 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, and commencing early conciliation within three months of the date of their dismissal. Thereafter, you will need to file an ET1 claim form, together with the particulars of your claim at the employment tribunal in order to pursue a claim for unfair dismissal.

If your claim for unfair dismissal at the employment tribunal is successful, your will receive compensation the form of damages. This comprises a fixed award equivalent to statutory redundancy pay known as a basic award which is calculated with reference to your length of service and age. In addition to this, if you are successful with your claim of unfair dismissal, you can recover a compensatory award which 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 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 and we would 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 has the power to reduce any compensation that is awarded in the event 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 in the event that you were to pursue such a claim in the employment tribunal, please do not hesitate to get in touch.

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