Unfair dismissal has only increased in significance within employment law in recent years, as more and more claims of this nature have been made by former workers against employers. With the courts receiving new cases every day, a clear need therefore exists for related assistancefor both business owners and those wishing to make a claim – even more so given the record levels of compensation now being paid out.
Such elevated numbers of fair dismissal cases have also led to various changes to employment law by the UK government, which while helping to bring a more stringent and uniform system for the handling of employment law cases, can also be difficult for businesses to keep abreast of. With the right legal advice, you can be better informed as to whether you may genuinely have a good claim for unfair dismissal. This increases the likelihood that you will receive your deserved amount of compensation.
An Introduction to Unfair Dismissal
Your employer may have dismissed you unfairly if there was no good reason for the termination of your employment, or if it contravened UK law. Circumstances in which you may stand a good chance of bringing a successful claim include if you were dismissed on the basis of:
- Industrial action or redundancy
- Gender, race, disability, religion or age (discriminatory dismissal)
- Trade union membership
- Illness
- Taking maternity or paternity leave
- The refusal to work more than 48 hours per week
- No reason
Qualifying Period for Unfair Dismissal
It was once universally possible to bring a case of unfair dismissal as long as you had worked for your company for at least one year, but new legislation in the UK in 2012 sought to streamline the employment tribunal system and reduce the number of claims made by extending this unfair dismissal qualifying period to two years. This change applies to those who started work on or after 6th April 2012, but does not stand in certain other circumstances, such as if the claim relates to whistleblowing, maternity leave, trade union membership, the reporting of health and safety risks or for the assertion of statutory rights.
The regularity with which the UK’s unfair dismissal legislation changes only makes it all the more important to seek an expert solicitor’s advice if you are interested in making a claim.
Unfair Dismissal Rewards
A successful unfair dismissal claim could result in reinstatement in your job or re-employment in an alternative job, in addition to potential compensation entitlement, depending on your age, salary and period of time spent working for the company. The court will make orders which, if your employer does not follow, could result in extra unfair dismissal payouts.
There is presently a statutory cap of £76,574 or 52 weeks’ gross salary – whichever is lower – on the maximum amount that you can usually receive as compensation for unfair dismissal. In addition, the tribunal is able to order a basic award of up to £13,920. The calculation of a year’s salary should not take into account pension contributions, benefits in kind or discretionary bonuses.
However, there are other circumstances – like those aforementioned – where no cap exists on the compensation amount that can be awarded. Here at McGuire & Partners Law Firm, we have a team of seasoned employment law professionals who can take you through the sometimes complicated process of claiming for unfair dismissal, from start to finish.
Unfair Dismissal Guidance
Our lawyers have excellent credentials in the field of unfair dismissal. We have long worked alongside employees to lodge claims against their employers, handling an impressive variety of claims and circumstances through the UK law courts. Any UK worker whose employer has removed them from their post in a manner out of line with the correct dismissal procedure may have a case for unfair dismissal. We will maintain the utmost confidentiality in evaluating your situation, putting a case together and fighting that case in the employment tribunal as your legal representatives.
With our committed and capable unfair dismissal solicitors by your side, you will benefit from the most impartial, tailored and informed advice. We have a strong track record of taking on complex cases and bringing them to a swift and successful end.
Making an Unfair Dismissal Claim
Call our specialist employment law team now, on +44 740 044 8436, for more information on the service that we can provide if you believe yourself to be a victim of unfair dismissal.
