Unfair Dismissal Solicitors Leeds
Employment Solicitors Leeds is a premium provider of specialist employment law advice, helping to provide resolution to all problems arising throughout the workplace, quickly and efficiently.
We will fight to achieve the best possible results and the fairest outcome to any unfair dismissal case. Unfair dismissal can lead to financial trouble, and physical and mental health issues—each adding unwanted stress to your daily life.
At Employment Solicitors Leeds, our team of unfair dismissal specialist solicitors will manage your claim with both professionalism and sensitivity, and always in accordance with your legal rights.
Processing Unfair Dismissal Claims
If you feel that your employment contract was terminated under the guidelines of unfair dismissal, you must initiate any tribunal proceedings within 3 months of the date of your employment termination.
You must have been employed by the business for a minimum of 2 years over a continuous period. This must have been a post of direct employment and not a role carried out in a freelance, self-employed or sub-contractor arrangement.
You must also establish that you were dismissed unfairly, in accordance with the following criteria.
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What Is An Unfair Dismissal?
You must be able to show that your employment was terminated on the grounds of unfair means or treatment.
If you resigned because you felt as though you had no other option, due to the treatment you were subject to, then your employers have the grounds to dispute your claim. If this is the case, then you should read our information on Constructive Dismissal. This is considered a forced termination. Unfair constructive dismissal cases are those where an employee feels as though they have been forced into resignation due to an employer or manager causing a hostile working environment, or putting the employee under extraordinary or unreasonable demands. Constructive dismissal can also be called constructive discharge or constructive termination.
Your Employer Must Prove ‘Fair Reason’
A termination must be fair and valid. If you have been dismissed your employer must provide a valid reason. The acceptable areas for a fair dismissal are as follows:
You didn’t show the relevant skills or hold the correct qualifications to perform the role required. Ill health may have also prevented you from being capable of carrying out the tasks to the required level.
You performed your role using inappropriate and unacceptable behaviour. This includes acting in a disobedient or violent manner, stealing or breaking any other terms outlined in your employment contract.
Redundancy is a specific area of employment termination. The correct guidelines and procedures must be followed, and an agreement that complies with all stipulation must be provided. For full details, please read our information on Redundancy and contact us to discuss your case.
A compulsory retirement can only be enforced with fair justification. Specific factors (for example, a compulsory retirement age limit) must be presented in advance. All retirement stipulation must be considered fair, with details to be discussed before initiating proceedings, allowing the employee to object if deemed appropriate to do so.
- Statutory Illegality
If you can no longer carry out the role due to lawful reasons: for example, you no longer hold the required legal licences, working visas or correct qualifications.
- Other Substantive Reason
If your employer can prove any other unbefitting behaviour or performance related reason relative to the inadequate performance of the role, this also provides them with fair grounds for employee termination.
You are also entitled to make a claim for unfair dismissal if the procedure by which your employment was terminated wasn’t carried out in accordance with the guidelines of what considered fair and just means.
Your employer is expected to follow the ACAS Code of Practice on Disciplinary Procedures—although this is not a legal requirement. If an employer appears to have broken the guidelines set out by ACAS, they can be liable to heavy penalties delivering a claim award of up to 25%.
An unfair dismissal procedure must be subject to:
- A proper investigation
- Written notice of the intended disciplinary action
- A disciplinary hearing
- A hearing appeal
All facts regarding the intended dismissal must be gathered during the investigation. The employee should be included in the investigation where appropriate. They may choose to bring an official representative (a Trade Union member or work colleague), and any suspension should be carried out for as short a duration as possible and on full pay.
All circumstances and details of the investigation and the disciplinary decision should be included in the written notice.
An appropriate duration must be allowed for the employee to prepare for the hearing, to gather details of their defence and to arrange further witnesses.
On completion of the hearing, the outcome of the case must be supplied to the employee in a written document. The employee then has the right to appeal. If the employee chooses to appeal, a senior manager should be allocated to represent the manager.
How Employment Solicitors Leeds Can Help
As one of the area’s specialists in employment law, including all fields of employment tribunals, our solicitors will provide sensitive, independent and personal advice for your case, suggesting the likely outcome and alternate possibilities.
We will guide you through the complete process towards the best possible result and compensation award.
Certain dismissals can be automatically classified as unfair. If your case falls into one of these areas, we can often resolve it without the need for a tribunal. These specialist categories include the following and more:
- Adoption leave
- Business transfer
- Application for flexible working arrangements
- Health & Safety rights
- Pregnancy action and maternity leave
- National Minimum Wage Act rights
Your case may be straightforward and easily resolved without a tribunal. Many of our clients aren’t aware of the protection their case merits, their right to make a claim or the awards they are entitled to; this is why you should always seek the assistance of a professional.
Employment Solicitors Leeds will manage your claim to achieve the legal justice you deserve.
Possible Outcomes – Remedies and Compensation Remedies
A successful claim offers remedies that include reinstatement, re-engagement and compensation. Re-engagement is an offer of employment within the company but in a different working role than previously held.
There will be 2 components for any compensation.
The minimum basic award is set at £6,203.00, and the maximum available is £15,240.00. The amount is calculated by a formula with consideration to age, duration of service and average gross pay.
Disagreeable employee behaviour can cause a reduction in the basic award. Factors that can affect the reward are:
- If the employee acts unreasonably toward an employer offer
- The dismissal was partly their responsibility
- They performed additional acts of misconduct within the company
- They received any other payments post termination
This area of compensation is derived at the tribunal for additional financial losses resulting from the dismissal, such as:
- Loss of earnings
- Future loss of earnings estimated as the time the employee will be out of work
- Loss of company benefits
- Manner of dismissal
- Loss of statutory protection rights
- Loss of pension rights
- Expenses in seeking alternate employment
- Failure to comply with the ACAS Code of Practice
- And also a grossing up award, where any tax may be payable on an award in excess of £30,000.00
The maximum level of compensatory award is set at £80,541.00. If your earnings are lower than the maximum level, you can expect to receive an award of one year’s gross pay.
Contact Employment Solicitors Leeds Now
You can call on 0113 4334 118 or fill up enquire form for an initial consultation regarding your employment position. We will offer you complete and full advice in easy to understand terms to help you to establish the most likely outcomes for your case in a relaxed and pressure-free environment.
We understand how difficult this time can be, so our expertly trained staff deliver all of our services with empathy and understanding. It is entirely up to you whether you decide to pursue your claim or not. We’re here to help you make those critical decisions backed by years of experience and industry knowledge.
Craig McCracken is a Director in our employment team who also specialises in employment law with over 14 years’ experience in dealing with both contentious and non-contentious matters.In the most recent Legal 500 clients described Louise as being “accessible and down to earth” providing “clear and concise advice…in an exceptionally personable way”. Craig was described as “very knowledgeable and approachable” giving “sound advice”.
Our team is headed up by Louise Carr who had specialised in employment law for more than 15 years. She regularly appears in the employment tribunal and has been particularly involved in dealing with complex multi-day discrimination claims.