Dismissal Rights


An array of dismissal rights are given to workers by both statutory legislation and common law. The majority of dismissal rights are given to people who are classified as employees. Determining whether or not someone is an employee can be a very difficult thing to do at times. There is a whole raft of case law which gives guidance on how to determine whether someone is an employee. However, this is still a grey area of law and there is no clear definition of the term ‘employee’.

Generally speaking, a person who has a contract of employment and has their tax and national insurance contributions paid by their employer is likely to be an employee. Employees have a range of dismissal rights. These include unfair dismissal, wrongful dismissal and constructive dismissal. These are civil claims which can be brought by employees against their former employers in an employment tribunal.

Often these claims overlap each other. So for example a person may use two or more of their dismissal rights against an employer simultaneously.

For someone to make a claim for unfair dismissal they must be a ‘qualifying employee’. To be deemed to be a qualifying employee, they must have been employed for a continuous period of one year. Importantly, this time limit is due to be extended. If you bring a claim after 6 April 2012, you must have been with your employer for two years. The burden of proof is on the employee to prove this. The burden then switches to the employer to prove that the dismissal was fair. The dismissal will be automatically unfair if the employer did not follow statutory procedures.  

If you would like to obtain legal advice on using your dismissal rights to bring a claim against your former employers, Caven can put you in touch with a local specialist Employment Solicitor free of charge.  So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 08001 221 2299 or complete the web-form above. 

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