Five FAQs on unfair dismissal


What are the main grounds on which I could make a claim for unfair dismissal?

Your employment contract gives you certain rights under employment law that include not being dismissed without a valid reason. Your employer would be breaking employment law if they did dismiss you without a good reason, or if they didn’t follow the proper procedure when dismissing you. An employment solicitor can assess whether you have a claim of unfair dismissal.

Are there any circumstances where a dismissal is automatically unfair?

Yes. Employment law recognises certain situations where unfair dismissal would take place automatically. Your employment lawyer can explain these situations to you that include if you were dismisses for taking maternity leave, taking time off for trade union business, or for taking time off for public duties such as jury service. If you are unsure whether your dismissal would be classed as automatically unfair, contact an employment law solicitor for advice.

The business I work for is being taken over. Can my new employer dismiss me?

Generally speaking, the employees of a company which is taken over are protected under the TUPE (Transfer of Undertakings) regulations. Your new employer can’t normally dismiss you unless they can show strong economic reasons for letting you go. If you think you have a case of unfair dismissal, contact an employment lawyer for advice before taking any action.

Can redundancy be a form of unfair dismissal?

Employment law counts redundancy as a form of dismissal. As such you may have a case of unfair dismissal if you can show that you were chosen for redundancy unfairly by your employer. An employment solicitor can assess the circumstances of your redundancy and advise whether this was unfair.

How can a solicitor help me a claim of unfair dismissal?

Unfair dismissal is a serious breach of your employment rights. If you think you have been unfairly dismissed, contact an employment solicitor as soon as you can. Outline the circumstances of your alleged unfair dismissal. Your solicitor can then outline what action you should take against your employer.

If you would like to obtain legal advice on employment claims, Caven can put you in touch with a local 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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