If you believe the way in which you left your job amounts to unfair dismissal, you could bring a claim against your employer. Unfair dismissal has a very specific meaning in law, and the information below should help you to understand whether you have a good case. If after reading the information you believe you have suffered unfair dismissal, contact our specialist employment lawyers by calling 0131 3413 265 or complete our online enquiry form.
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.
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.
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:
If you are an employee facing a constructive dismissal situation then please contact our employment law solicitors to discuss how we can help. It would be advisable to do so before taking any particular course of action, advice should always be sought at an early stage.
CONTACT US TODAY on a no obligation basis either by calling 0131 3413 265 or complete our online enquiry form