Unfair Dismissal Solicitors
Petts Wood, Bexleyheath & Blackheath
There have been substantial changes to this area of Law and therefore it is important to receive up to date advice.
If you were employed before 6th April 2012, you must normally have been employed continuously for one year to bring a claim for unfair dismissal. There are situations where the one year qualifying period does not apply, mainly for automatically unfair dismissals such as a dismissal relating to pregnancy, health and safety or paternity leave.
If you were employed on or after 6th April 2012 you must normally have been employed continuously for more than two years although, as above there are situations where this time limit does not apply.
It is for your employer to show that your dismissal is fair. A fair reason may be conduct, capability, redundancy, retirement or some other substantial reason. The employer must show that they have followed their own procedures and that their decision was a reasonable one in the circumstances.
If you are of the view that your dismissal was unfair, we are able to advise you about the merits of your case. We are able to negotiate a settlement on your behalf. If settlement cannot be reached and an application to a Tribunal becomes necessary we can also progress your case to make a claim on your behalf. Throughout the process we will advise you in relation to any proposals made and the merits of accepting an offer in settlement rather than proceeding to trial.
Should you be successful in your claim, the Tribunal have three remedies available.
- an order that you be reinstated in the same job as you occupied before you were dismissed.
- an order that you be re-employed in a role similar to the one you held previously.
- an order for compensation which is a monetary award.