Employee dismissal

 

A dismissal occurs when the employer terminates the employment relationship, with or without notice. If you are an employee, dismissal can be stressful and it can be difficult to know what your rights are. Employment law provides certain statutory rights and protections to the employee. Dismissal must be carried out for certain reasons and in a certain way in order for it to be lawful.

There are certain situations in which you may be able to contest your dismissal and seek remedies. For example, if an employee dismissal occurs without notice, due to, for example, gross misconduct, this may be summary dismissal, which can only be done in certain instances. If an employee dismissal occurs for an unfair reason, or if the process undertaken to dismiss employees is unreasonable, this may be unfair dismissal. If an employee is forced to resign due to the conduct of the employer, this may be constructive dismissal, which is a type of unfair dismissal. If an employee dismissal occurs where the employer has breached a term of your contract of employment, this may be wrongful dismissal. If you were told that you were being made redundant, this is a form of dismissal, with special rules applying.

Dismissed employees may complain to an employment tribunal. The type of remedy you may claim against your employer for your dismissal varies depending on the type of claim and the circumstances of your dismissal. For example, for unfair dismissal the most common remedy is compensation but you can also be awarded re-employment or re-engagement.

If you would like to obtain legal advice on an employee dismissal, then 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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