Employers have a right to dismiss employees for serious bad conduct or are who are unwilling or unable to perform the duties of the position. Dismissal must be performed in an acceptable and decent manner using employment law guidelines. If there were no acceptable grounds for termination of employment, management can be looking at a solicitors case for unfair dismissal claiming compensation before the Birmingham Employment Tribunal.
When a business, company or corporation has to close down or an individual’s skill set has become obsolete due to a change in business plans or an upgrade in technology shifts a business’s focus, management may have the task of dismissing one or more employees which is known as redundancy and is legal. A worker who has been employed for a continuous period of two years or more and is selected for redundancy is entitled to a redundancy payment. When management’s claim of redundancy is judged to be false and used as a cover for inappropriate termination of employment, the dismissed worker might have a claim for compensation for unfair dismissal before the Birmingham Employment Tribunal. Compensation for unfair dismissal is often substantially higher than the appropriate redundancy payment.
Employers must always apply reasonable and fair procedures for termination of employment. Conscientious employers provide even substandard workers with notice of their inappropriate or deficient behaviour and a reasonable time frame to correct that deficiency. If the deficiencies are not corrected, management must examine the incidents or performance carefully prior to dismissal. Employers who fail to perform these reasonable methods might be looking at a solicitors compensation claim for unfair dismissal in front of the Birmingham Employment Tribunal.
Five reasons are permissible for dismissal:
In order to make a claim for unfair dismissal, am employee must have been employed for at least one year and be less than the traditional age of retirement.
Compensation awards take two forms in successful claims for unfair dismissal:
If you think you were unfairly dismissed, it is imperative that you instruct an employment solicitor promptly; claims must reach the Birmingham Employment Tribunal within three months of the effective date of termination. The date of expiration of the dismissal notice is the effective date of termination and in cases when no notice was received, the actual date of termination is the date that the termination was effective. The Employment Tribunal has the some latitude and discretion to extend the time limit, when they judge that extenuating circumstances exist.
Our employment law solicitors deal with compensation claims heard by the Birmingham Employment Tribunal by using the risk free no win no fee scheme. You do not have to pay anything upfront and in the unlikely event that you do not receive compensation, you will not be charged any legal costs. If you would like legal advice without further obligation from an experienced employment solicitor just call the helpline or complete the contact form or email our offices.
Basic Awards are based on age and employment length in the business, (although there is a proposal to eliminate the consideration of age).
Compensatory Awards have financial statutory caps and include loss of benefits and/or personal expenses etc.