At OH Parsons we have solicitors with extensive experience in guiding employees through difficult times at work, and pursuing successful claims for Unfair Dismissal.
We recognise that going through the experience of being dismissed is highly stressful, we aim to take the stress away and give straight-forward and clear advice. So whether you are a senior executive or a part-time worker, we have the tools to assist you in your time of need. If you wish to make a claim for unfair dismissal, it must be done within three months less one day from the date of your dismissal.
Dismissal can come in a variety of forms. There are 6 potentially fair reasons for which an employee can be dismissed:
- Conduct – when an employee is dismissed due to an alleged act of indiscipline.
- Capability – where an Employer believes the employee is no longer capable of carrying out their duties. This usually comes in two forms.
i) The employee’s poor performance of their duties
ii) The employee’s incapacity to perform their duties (i.e. for medical reasons)
- Redundancy – when there is a reduction in work of a particular kind, or a work place closes down.
- Retirement – although this is a potentially fair reason to dismiss, employers can no longer dismiss employees at a retirement age without proper justification. Employers need to objectively justify a dismissal on the grounds of retirement.
- Illegality – a legal bar that prevents you from continuing you job. An example of this maybe the revocation of the driving licence of a bus driver.
- Some other substantial reason – another reason which is not covered by the other potentially fair reasons but would justify a dismissal.
For all forms of dismissal, it is for your employer to prove that the reason for dismissal was a potentially fair reason. There are various procedures and burdens of proof that an employer needs to meet in order for the dismissal to be fair. These procedures are dictated by the ACAS Code of Conduct the Employment Rights Act 1996 and case law. If your employer does not adhere to these standards, then you could have a claim for Unfair Dismissal.
We have been involved in many high value unfair dismissal cases, winning hundreds of thousands of pounds in compensation for our clients every year. We can advise you throughout the process, including your chances of a successful claim and the financial value of your claim. We also have vast experience in negotiating settlement packages.
If you have any queries or you think we can help then contact one of our solicitors on 24 hour Advice Line 0800 526 368 or click here to email us.
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OH Parsons LLP
OHP is a trading name of OH PARSONS LLP, a limited liability partnership registered in England and Wales with Registered Number oc385704. OH PARSONS LLP is authorised and regulated by the Solicitors Regulation Authority | 606560. VAT Number: 239 026 763. Any reference to a partner in relation to OH PARSONS LLP is to a member of OH PARSONS LLP.