Ending Matters – Unfair Dismissal

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. 

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Unfair Dismissal Claims

If you believe the way in which you left your job amounts to unfair dismissal, you could bring a claim against your employer. Employment Law Edinburgh can help. We are powered by Thompsons Solicitors, and have decades of experience in helping clients to bring successful unfair dismissal claims. We offer a free initial consultation to help people understand whether they might be able to bring a claim. Our solicitors are understanding, and know that bringing a claim against your employer may seem intimidating. This may be a very emotional time for you, but we will guide you through the process with pragmatism and efficiency. It is important to know that unfair dismissal has a very specific meaning in law, and the information below should help you to understand whether you have a good case.

Contact us today on a no obligation basis either by calling 0131 322 1032 or complete our online enquiry form.

Expert Unfair Dismissal Lawyers, Edinburgh

Claims of unfair dismissal can be very difficult to deal with. There is a broad range of arguments available to employers such as 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. 

What is unfair dismissal? 

In order to bring a claim for unfair dismissal, it is important to prove that your dismissal was unfair according to the specific criteria set out under the law.

Firstly, you must have been dismissed. This may be clear, for example where your employer has fired you, terminating your employment. You may also have been dismissed where you have been made redundant, or where you have been compelled to resign as a result of difficult circumstances created by your employer. This is constructive dismissal and is discussed further below. 

Secondly, your dismissal must have been unfair. Under certain circumstances, dismissal may be automatically unfair. For example, if you are dismissed for reasons relating to pregnancy, or participation in trade union activities. 

Am I able to bring a claim for Unfair Dismissal? 

In UK law, most employees are protected against unfair dismissal. Employees of all ages, up to legal retiring age, may bring a claim if they have suffered unfair dismissal. However, there are certain restrictions on who can bring a claim, set out as follows:

  • You must be under a contract of service, which means you must be an employee to bring a claim for unfair dismissal, and not self-employed;
  • You must have been employed for the required length of time. This is normally two years;
  • You must have been dismissed in the last three months. Unfair dismissal claims are subject to strict deadlines, and if you wish to bring a claim, you must ensure that your claim is made with the Employment Tribunal within three months less one day of the date of your dismissal. Generally, the day of dismissal will be the last day that they were at work.
  • You must not already have reached an out of court settlement (such as a settlement agreement) with your employer.

If you are in any doubt as to whether it is possible for you to bring a claim for unfair dismissal, contact Employment Law Edinburgh today. When you contact us we will ask you a number of questions about the circumstances that resulted in your dismissal. Our lawyers have many years of experience, so we understand both the legal and practical issues involved in bringing a successful claim. 

What is constructive dismissal? 

If you resign from your job as a result of your employer's behaviour then it may be deemed to be constructive dismissal. It is always a drastic step for an employee to resign with the aim of taking their employer to an employment tribunal claiming constructive dismissal.

Such cases can be difficult to prove and the employee must show that:

  • The employer has committed a serious breach of contract
  • You believed you were forced to leave as a result of that breach
  • You have not done anything to suggest you accepted their breach

Contact our specialist Employment Lawyers in Edinburgh for expert legal advice

If you are an employee facing an unfair dismissal or constructive dismissal situation then please contact our employment law solicitors to discuss how we can help. Employment Law Edinburgh regularly helps clients in Edinburgh and surrounding areas to bring employment law difficulties to an end. You must act quickly to give your case the best chance of success. Before taking any particular course of action, you should seek proper legal advice on the details of your case. Advice should always be sought at an early stage.

Contact our Employment Law Solicitors in Edinburgh

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.

Contact us today on a no obligation basis either by calling 0131 322 1032 or complete our online enquiry form.

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