Unfair dismissal and the law

As the law surrounding employment and dismissal continues to expand, specialist knowledge on these matters is becoming essential for all employers in order to avoid problems further down the road. One of the most misunderstood matters is unfair dismissal, and as employment solicitors who advise on all employment matters, we have helped numerous companies who are involved with unfair dismissal accusations.

Dismissal should always be a last resort for employers, and should be carried out only after the company’s procedures for  warnings and investigations have taken place to establish the facts. Many problems which arise between employers and employees are a result of miscommunication and can often be solved with a quiet word and discussion. However, if for whatever reason, you still believe it necessary to dismiss an employee, this must be carried out fairly.

A fair dismissal means that the dismissal follows company procedure and is executed calmly and professionally, and that the reasons for doing so are reasonable and just. Unfair reasons for dismissal include (though are not limited to) the employee asking for more flexible hours, asking for legal workers’ rights such as break times, asking for time off for maternity or paternity leave or joining a trade union.

However in many cases, the phrase “unfair dismissal” is taken out of context. Simply because an employee has been dismissed and is understandably upset about this, is not always grounds for a claim. Reasons for fair dismissal include (though are not limited to) a consistently poor job performance, a failure to turn up without asking for leave, drug or alcohol abuse or theft. In these cases, if verbal or written warnings were issued and the problem continued to persist, the employee has no grounds for a claim and you don’t need to stand for it.

If you or your organisation are wrongly accused of unfair dismissal, despite following both legal and professional procedures to let an employee go, Wrigley Claydon can help. Our team have vast experience in this field and can help you navigate the always ongoing changes to employment legislation, as well as being able to advise you on recruitment policy, pension provisions and employer obligations.

To talk to one of our employment solicitors, please call us on 0161 624 6811 for more information, or contact us online.

The following two tabs change content below.

• Bio
• Latest Posts

John Porter

John has been with Wrigley Claydon for over 20 years, becoming a partner in 1995. Specialising in Employment Law, John helps clients with matters including the preparation of recruitment policies and employment contracts as well as advocating in employment tribunals in cases of unfair dismissal or discrimination. He also has considerable experience of dealing with landlord and tenant disputes and matters relating to business and company sales, commercial investment property transactions and lettings as well as residential estate and offshore property developments. “I know I’ve done a good job when the business doesn’t need me!” John is never happier than when spending time with his wife and 2 children, Lucy and Alex. John is Chair of Respect Our Community Awards (ROCA) and a board member of First Choice Homes Oldham. In his spare time, John is likely to be found either reading, cooking or walking Donnie the Golden Retriever.

Latest posts by John Porter (see all)

• 5 Steps to consider before buying or leasing commercial property - 13th September 2023
• Changes to Employment Law April 2020 - 5th April 2020
• Toys R Us on brink of administration - 8th January 2018
• Talk over sale of Newcastle Utd as owner Ashley meets investment firm - 22nd December 2017
• GVC gambles on Ladbrokes Coral takeover - 15th December 2017