It’s never pleasant to be dismissed from a job, of course, but it can be particularly distressing if you feel the decision was an unfair one. For the employee on the wrong end of such an outcome, it’s a good idea to consult employment law specialists at the earliest possible opportunity. This is definitely not the time to face issues as serious as this on your own.
And for the employer, charges of unfair, wrongful or constructive dismissal can be stressful to deal with. In cases that go to an employment tribunal, they can also be financially punishing and can damage the reputation of the business. Here at MML Law, we have represented a wide cross-section of companies in such cases, drawn from a number of diverse sectors of industry.
There could be any one of a number of reasons why an unfair dismissal occurred. One of the more common, and also one of the most avoidable, is when a company’s internal disciplinary procedure has been established with errors, or when it hasn’t been followed properly by departmental heads, members of the HR team or by certain senior managers.
Another scenario, one we have seen before on a number of occasions, is when there were insufficient grounds to carry out a dismissal. This could have been the result of a genuine error, of course, or, in more disturbing cases, it could have been due to conscious or subconscious discrimination on any one of a number of grounds. If you feel your dismissal had more to with your age, gender, race or sexual orientation than your actual work performance, we’d like to hear from you.
The legal requirements of a dismissal, requirements that make it a fair one, are relatively clear. The termination of employment can be due to the individual’s conduct, his or her ability to the job or their qualifications, or perhaps because the role has become redundant. Dismissal purely because a person’s face doesn’t quite fit isn’t acceptable at all.
For employers, there is a requirement to show that all relevant procedures were correctly followed, and that their actions were reasonable throughout. Legally, there are time limitations for an employee to commence an action, usually – but not always – this means the complaint needs to be received by the tribunal within a three-month period after the dismissal took place.
Whether you’re an employee who has potentially been dismissed unfairly or you’re an employer facing such a complaint from one of your former workers, you need to have the best representation with you from the start. This means engaging the services of the skilled, experienced and tenacious team from MML Law. We’ll fight hard on your behalf to help you get the best possible outcome.
To find out more about the difference we can make to your case, all you have to do is call 01382 206 000 Today. We’ll listen to the details of your case and advise you of the best possible strategy going forward. We hope to hear from you very soon.
