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Employment law - Unfair Dismissal
Below is a list of some of the common claims which are often issued against employers at an Employment Tribunal:
1. Unfair Dismissal:
An Unfair Dismissal occurs when an employer dismisses an employee for an unfair reason, fails to follow a correct procedure or in all circumstances acts unreasonably in the manner in which they dismiss the employee. Below are some of the main points a legal advisor would consider when assessing a claim for unfair dismissal:
Checklist:
- Have you been employed for at least a year?
- Was there a fair reason for your dismissal?
- Did the employer carry out a fair investigation?
- Was a fair procedure followed?
2. Constructive Unfair Dismissal:
This occurs when an employee resigns as a result of the employer breaching his/her contract of employment. E.g. allowing other work colleagues to subject them to bullying, victimisation, harassment or discrimination etc.
Checklist:
- Have you been employed for at least a year?
- Has your employer broken an express term of your contract?
- Has your employer acted in a way calculated or likely to break down your relationship of mutual trust and confidence?
- Have you raised a grievance with your employer?
3. Wrongful dismissal:
This is where a contractual term is broken in the dismissal process. E.g. when an employer dismisses the employee without proper notice.
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It is unlawful for an employer to treat you less favourably on the grounds of:
Please note that discrimination is a complex area of law and if you feel you are being discriminated against then you should seek legal advice at an early stage.
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- Failure to follow the correct redundancy procedure.
- Failure to pay appropriate redundancy pay.
- Failure to allow time off to seek work during a redundancy situation.
TUPE (Transfer of Undertakings (Protection of Employment) Regulations)
- Failure to consult in accordance with the Transfer of Undertakings (Protection of Employment) Regulations.
The above are only some of the claims which can be issued upon employers at an Employment Tribunal and there are many other grounds under which you may make a claim against your employer. If you feel you have been treated unfairly or less favourably by your employer, please contact us and one of our employment specialists will be happy to assess your claim.
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Employment law - Types of claims
There are a variety of claims which can be issued at the Employment Tribunal against your employer and each type of claim has a different time limit within which the claim should be issued. It is vital that you issue proceedings within the time limit otherwise you are at risk of having your claim struck out by the Employment Tribunal.Below is a list of some of the common claims which are often issued against employers at an Employment Tribunal:
DISMISSAL
1. Unfair Dismissal:
An Unfair Dismissal occurs when an employer dismisses an employee for an unfair reason, fails to follow a correct procedure or in all circumstances acts unreasonably in the manner in which they dismiss the employee. Below are some of the main points a legal advisor would consider when assessing a claim for unfair dismissal:
Checklist:
- Have you been employed for at least a year?
- Was there a fair reason for your dismissal?
- Did the employer carry out a fair investigation?
- Was a fair procedure followed?
2. Constructive Unfair Dismissal:
This occurs when an employee resigns as a result of the employer breaching his/her contract of employment. E.g. allowing other work colleagues to subject them to bullying, victimisation, harassment or discrimination etc.
Checklist:
- Have you been employed for at least a year?
- Has your employer broken an express term of your contract?
- Has your employer acted in a way calculated or likely to break down your relationship of mutual trust and confidence?
- Have you raised a grievance with your employer?
3. Wrongful dismissal:
This is where a contractual term is broken in the dismissal process. E.g. when an employer dismisses the employee without proper notice.
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DISCRIMINATION & HARASSMENT
It is unlawful for an employer to treat you less favourably on the grounds of:
- - Race
- Sex
- Disability
- Sexual Orientation
- Religious Belief
- Discrimination on grounds of Marriage.
- Age - We can help with advice on discrimination at
work and also deal with harassment cases for
Polish workers.
Please note that discrimination is a complex area of law and if you feel you are being discriminated against then you should seek legal advice at an early stage.
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REDUNDANCY
- Failure to follow the correct redundancy procedure.
- Failure to pay appropriate redundancy pay.
- Failure to allow time off to seek work during a redundancy situation.
TUPE (Transfer of Undertakings (Protection of Employment) Regulations)
- Failure to consult in accordance with the Transfer of Undertakings (Protection of Employment) Regulations.
The above are only some of the claims which can be issued upon employers at an Employment Tribunal and there are many other grounds under which you may make a claim against your employer. If you feel you have been treated unfairly or less favourably by your employer, please contact us and one of our employment specialists will be happy to assess your claim.
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Make an enquiry
We can offer Polish language legal advice across the UK: London, Birmingham, Leeds, Sheffield, Bradford, Liverpool, Manchester, Bristol, Huddersfield, Wirral, Wakefield, Cardiff, Dudley, Wigan, Coventry, Leicester, Sunderland, Doncaster, Stockport, Nottingham, Newcastle-upon-Tyne, Hull, Bolton, Walsall, Plymouth, Rotherham, Stoke on Trent, Wolverhampton, Rhondda, Derby, Swansea, Salford, Barnsley