Many employees who are dismissed believe that the decision to let them go was unfair. The question, however, is whether or not the dismissal was "unfair" in the eyes of the law. If so, then a claim can be made to an Employment Tribunal for compensation.
If you think you have a claim for unfair dismissal, and are looking for legal advice and services in the Dundee area, contract Employment Law Dundee today. Our solicitors are specialists in the field of employment law and will guide you through the process from start to finish.
Dismissal occurs when the employer - employee relationship is brought to an end and can happen in a variety of ways. You may have been fired, or made redundant. Alternatively, your fixed term contract may have come to an end or you may have felt forced to hand in your notice.
If you have been dismissed, you will be able to bring a claim if the decision was unfair. A decision to dismiss will clearly be unfair if it has been made for an automatically unfair reason, such as pregnancy or spent convictions. However, a dismissal may be potentially fair, if an employee is let go because he or she is unable to do the job, is not qualified for the role, or has behaved inappropriately in the workplace.
In deciding whether or not the dismissal was fair, the Employment Tribunal will try to establish if it was a reasonable decision. The judge investigates the facts and circumstances that led to the dismissal. This would be achieved by hearing evidence from all of the relevant witnesses. The Employment Tribunal would focus on the reasons for the dismissal along with the procedures that were followed by the employer at the time.
At Employment Law Dundee Dundee we appreciate that the prospect of making a claim to an Employment Tribunal can be daunting – both in terms of participation in the procedures that are involved and also potential legal costs. Accordingly our entire approach is based around minimising any concerns our clients may have – we provide clear, practical legal advice so that our clients always know what is happening with their case. We also provide an insurance funding option for certain employment matters which means our clients need not be concerned about incurring significant legal fees.
Employment Law Dundee has significant experience in this area and can advise you from the outset. If a hearing is required we can prepare the case and represent you as well. Unfair Dismissal is a complex area of employment law and we would strongly advise that legal advice is obtained as early as possible. Strict time limits apply in terms of lodging a claim to an Employment Tribunal, as claims must be made within three months of dismissal subject to ACAS Early Conciliation. The earlier that you can contact us the better.
If you are looking to bring a claim for unfair dismissal in the Dundee area, contact Employment Law Dundee today on 01382 281 550 or complete our online enquiry form.