Have you been unfairly or wrongfully dismissed
Have you been unfairly or wrongfully dismissed, have you had enough of how you have treated at work and resigned, which means you have been constructively dismissed.
If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer's dismissal or disciplinary procedures. If this does not work, then you may be able to make an appeal to an Employment Tribunal.
There are several ways your dismissal could be unfair:
- • your employer does not have a fair reason for dismissing you (eg if there was nothing wrong with your job performance)
- • your employer did not follow the correct process when dismissing you (eg if the have not followed their company dismissal processes)
- • you were dismissed for an automatically unfair reason (eg because you wanted to take maternity leave)
- • You have a right to have a written statement explaining why you have been dismissed.
- • You will have the right to appeal
Grounds for Unfair Dismissal
Your employer must have a good reason for dismissing you and has to show that the reason is genuine and justifies your dismissal. There are five potentially fair reasons for dismissing an employee:-
- • Your conduct
- • Your capability
- • Redundancy
- • A statutory restriction
- • Another substantial reason
If your employer won’t give you the reason for your dismissal, or if you dispute the reason given, you can complain to an Employment Tribunal with the help of a solicitor. You might first use your company’s grievance procedure to make a complaint.
Unfairly dismissed? Please contact us to discuss without obligation how we might be able to support and accompany you during the disciplinary process or grievance procedure.
If you have been unfairly dismissed and want to know what you can do about it, speak to one of our expert advisors without obligation, who specialise in Unfair Dismissal.
"We fight for the rights of unfairly treated employees"