An employer’s rights to terminate employment is regulated by statute. Arbitrary dismissal is unlawful in that the process used by an employer must be fair and just. Seldom can an instant dismissal be judged as justified or reasonable. An employer is required to give the employee notice and ample time to correct undesirable behaviour or substandard performance. Employers must examine allegations of wrongdoing or sub-par performance prior to dismissal. When the employer neglects or ignores those steps before termination, the employee may have a legal basis to instruct a solicitor to make a claim to the Birmingham Employment Tribunal for unfair dismissal.
Two circumstances or elements must be present for a successful claim in unfair dismissal. The first element is that the worker must be below the standard retirement age. The second element is that the individual must have worked for the business for a minimum of one year.
When your employment has been terminated in an unfair manner you must take immediate measures to protect your rights by seeking the advice of an employment law solicitor. Whatever your situation or the circumstances of your dismissal, you only have three months from the date of termination to make application to the Birmingham Employment Tribunal.
The burden of proof lies with the employer, who must prove the termination of employment was justified and that the process used to terminate was just and fair.
There are circumstances in which an employee under duress volunteers to resign however the Birmingham Employment Tribunal would declare it an unlawful or unfair dismissal. This situation is known in employment law as constructive dismissal. Constructive dismissal occurs when, a worker’s situation in their place of work is so unbearable or offensive that the worker will do anything to gain freedom from those conditions including resignation. In that situation the Employment Tribunal would certainly consider the resignation involuntary.
Acts committed by an employer which may comprise constructive dismissal include:
Additional objectionable acts by management may constitute a basic breach of the employment contract.
The Birmingham Employment Tribunal awards compensation in two categories being the compensatory award and the basic award. Under the basic award the amount of compensation is dependent on the age of the worker and the worker’s period of employment. The compensatory award looks deeper into the financial loss of the worker due to the dismissal.
Sometimes it is necessary to appeal the ruling of the Employment Tribunal; however, not all appeals will be heard by the Employment Appeal Tribunal. Appeals in must cases can only be made on a point of law.
Our employment solicitors use the risk free no win no fee scheme. In the unlikely event that we do not obtain an award of compensation on your behalf, you owe us nothing. We offer advice at no cost and with no further obligation.