Employment Solicitors Manchester are premium providers of specialist employment law advice, helping to provide resolution to all problems in employment, quickly and efficiently.
Problems at work involving unfair dismissal cases can lead to issues of financial, physical and mental health, adding stresses and strain to day-to-day life, which is why we fight for the best, and most fair outcome to your case.
As a specialist unfair dismissal solicitor Employment Solicitors Manchester will act in accordance with your legal rights and handle your claim with sensitivity and professionalism.
Processing Unfair Dismissal Claims
If your employment contract was terminated unfairly you must commence tribunal proceedings within 3 months of the effective date of your employment termination. This can be extended by a further 4 to 6 weeks in certain circumstances and you should seek legal advice to determine how long you have to issue your claim.
Before we can process any unfair dismissal claim we need to establish certain criteria.
In most circumstances, you must have been employed for a minimum of 2 years as an employee; not in a self-employed capacity and the term must have been held over one continuous period.
To establish that you were unfairly dismissed you must comply with the following conditions.
What Is An Unfair Dismissal?
You must be able to satisfy a tribunal that your employment was terminated unfairly. If you resigned in a situation whereby you felt forced into resignation due to your employer creating a hostile work environment then this may be considered a forced termination also known as constructive dismissal.
Your Employer Must Prove ‘Fair Reason’
It is up to the employer to show the reason you were dismissed is fair and valid. There are 6 main acceptable areas.
Capability – If you were incapable of carrying out the role because you did not have the relevant skills or qualifications, or that ill-health prevented you from performing to the required level.
Misconduct – If your behaviour was unacceptable. Acts of disobedience, violence, theft or other intolerable offence, including any specific situations outlined in your employment contract may justify dismissal for gross misconduct.
Redundancy – This is a specific area. For full details please read our article on Redundancy or contact us to discuss your case.
Statutory Restriction – If you cannot continue to carry out your role due to law, for example, not holding or no longer holding the correct working visas or legal licences.
Other Substantive Reason – Where the employer has sufficient justification for dismissal though it doesn’t fit within any of the reasons set out above.
Procedural Fairness
If the dismissal procedure wasn’t carried out in accordance with what is considered a fair and just manner you are also entitled to make an unfair dismissal claim.
Although not a legal requirement your employer is expected to follow the ACAS Code of Practice on Disciplinary Procedures. When considering an employment termination if an employer is considered to have broken the guidelines put forward by ACAS then they can be made liable to heavy penalties affecting a claim award by up to 25%.
The procedure during a fair dismissal on disciplinary grounds must have been subject to proper investigation, the application of written notice of the intended disciplinary action, a disciplinary hearing and an appeal hearing.
The investigation is intended to gather all facts regarding the intended dismissal, and should include the employee where appropriate who may choose to bring an official representative such as a Trade Union member or work colleague. Any suspension should be made on full pay and for as short a period of time as possible.
The written notice of intended disciplinary action should outline fully all circumstances of the disciplinary decision and include details of the investigation. Again, a Trade Union representative or work colleague can accompany the employee in the meeting.
The employee should be given an appropriate amount of time to prepare for the hearing in order to gather details of their defence or to bring further witnesses. The outcome should be supplied as a written document following the meeting giving the employee the right to appeal.
Our unfair dismissal solicitors will offer independent personal advice to your case, the likelihood of outcome and possible outcomes. We will guide you through the process in order to gain the best results for your compensation award.
There are a range of dismissals that are automatically classified as unfair. We can advise you if it falls into any of those categories. Items such as adoption leave, business transfer, applying for flexible working arrangements, health and safety rights, engaging in action connected to pregnancy or maternity leave, rights under the National Minimum Wage Act, and many more. You may not need two years continuous service in order to bring an automatic unfair dismissal claim. Your case may be much more straightforward than you think. Many of our clients don’t feel they merit protection or have the right to make a claim until discussing their situation with us. That’s why you should choose us to handle all the legal areas of your claim situation. You can leave all the heavy lifting and the law to us, confident that we will work tirelessly to bring you the justice you deserve
Possible Outcomes – Remedies and Compensation
Remedies
The remedies available for a successful claim are reinstatement, re-engagement and compensation. Re-engagement is being reinstated as an employee of the company but in a different working role than previously held.
Compensation
There will be 2 components to any compensation.
Basic Award – This is derived by formula in consideration with your age, duration of service and average gross pay.
The basic award can be reduced due to contributory employee behaviour. If an employee is seen to act unreasonably toward an employer offer, that the dismissal was partly their responsibility, that they performed additional acts of misconduct within the company, or if they received any other payments post termination, these are factors that may implement a reduction in the award.
Compensatory Award – This area of compensation is derived at the tribunal for additional financial losses resulting from the dismissal. It will account for any loss of earnings, for future loss of earnings forecasted by the time the employee will be out of work, for the loss of company benefits, the loss of statutory protection rights, the loss of pension rights, expenses in seeking alternate employment, the failure to comply with the ACAS Code of Practice, and also a grossing up award where any tax may be payable on an award in excess of £30,000.00.
The maximum level of compensatory award is set at 52 weeks pay or £80,541.00 (whichever is the lower).
Contact Employment Solicitors Manchester Now
You can call on 0161 82 11 559 or contact us by clicking here for an initial consultation regarding your employment position. We will offer you complete and full advice in easy to understand terms to help you to establish the most likely outcomes for your case in a relaxed and pressure free environment.
