Unfair Dismissal

According to the Employment Tribunal Service (ETS) Annual Report unfair dismissal accounted for almost 40,000 cases brought before the ETS in 2004/5. At 25% of the overall total this was the largest single type of case brought before the ETS and shows that despite extensive legislation employers remain prone to errors when pursuing appropriate dismissal procedures.

What is Unfair Dismissal?

Employees who have been employed for over a year are protected by law from being unfairly dismissed. If, after one year’s service, an employer dismisses an employee both without good reason and a fair procedure, the employee may be able to bring a claim for unfair dismissal. Certain types of claims do not require one year’s service.

Employers may still dismiss employees for reasons including misconduct or capability to do the job and may also make the employee redundant.

If the employer wants to dismiss an employee, however, they must have a fair reason for dismissal and the process of dismissal must follow proper and fair procedures.

Where an employee has been unfairly dismissed a Tribunal will decide the level of any award. The employee will normally be entitled to a basic level of award and may also qualify for compensation based on any losses they have suffered.

How Pattinson & Brewer can help

Pattinson & Brewer has represented thousands of claimants at employment tribunals and will work with you to ensure that you receive clear and relevant advice and guidance until your claim is settled.

To find out how Pattinson & Brewer can help you please call us now on 0800 988 0777 or email us at enquiries@pattinsonbrewer.co.uk.