The employment relationship can be a very complicated one. Dismissal is a stage in the relationship when the parties – the employer and the employee – cease to work together. There are many reasons why an employer may justifiably and fairly dismiss an employee. However, there are certain situations which may constitute an unfair dismissal.
Claims of Unfair Dismissal can be very difficult to deal with. Where an individual looks to bring their employer before an Employment Tribunal for an Unfair Dismissal, they must ensure beforehand that their dismissal does not fall within the category of being 'not automatically unfair'. This covers a range of situations where an individual may not have been best suited for the job that they were dismissed from; they lacked the necessary qualifications; they conducted themselves poorly; or that individual did something illegal, amongst other things. Any claim that is brought before a Tribunal will be subjected to detailed scrutiny. The Tribunal will look at the procedures that an employer had in place for dealing with a potential dismissal, and how the employee conducted themselves whilst in employment.
It is important to note that Unfair Dismissal claims are subject to very strict deadlines. Where someone hopes to bring an Unfair Dismissal claim to an Employment Tribunal , they must make their claim within three months less one day of the date of dismissal. The day of dismissal is essentially the last day an individual went to work.
We at Employment Law Edinburgh are well recognised in Scotland, for our experience in Employment law and dealing with claims of Unfair Dismissal. We would advise anyone who believes they have a claim of Unfair Dismissal to contact us, so that we can put any concerns that you have to rest and give you objective advice on how best to deal with your claim.
If you are an employee who has been dismissed, please feel to contact Employment Law Edinburgh today. Most tribunal claims arise out of such situations and we have significant experience in this area.
Our employment lawyers offer initial advice on all aspects of employment law, no matter what your circumstances might be.
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