Dismissal and Unfair Dismissal Lawyer Glasgow

The relationship between employer and employee can be a complicated one, and the decision to terminate this relationship is no less complex. Dismissal is where an employer decides to end the employment relationship, and in many cases this decision is taken for justifiable reasons. However, a dismissal may constitute an unfair dismissal if it is made for certain reasons or in a certain way. If you are unfairly dismissed, you may be entitled to compensation under law.

Unfair Dismissal

When will a dismissal be unfair?

In order to establish a claim for unfair dismissal, it is important to prove certain things. First, you must show that you have in fact been dismissed. A dismissal may be obvious – where an employee has been fired, for example. Equally, however, you may have been dismissed if you have been made redundant or have felt obliged to resign in difficult circumstances. Similarly, if your employer opts not to renew your fixed term contract, this may amount to a dismissal.

Secondly, it must be shown that the dismissal was in fact unfair. Certain dismissals will automatically be unfair. This will be the case if, for example, your employer lets you go because you’re having a baby or because you lawfully participated in trade union activities. Similarly, if you’re the victim of discrimination, which this is the reason for your dismissal, that will also constitute an automatically unfair dismissal.

Often, however, dismissals are made for potentially fair reasons. This will be the case if you have been dismissed because you are simply not able to do the job, or have shown yourself unwilling to do so, or if you are dismissed because of your own misconduct.  Even in this scenario, however, your employer remains under certain obligations. An otherwise fair dismissal may be rendered unfair by an employer’s failure to follow its own procedures, such as failing to warn and consult employees before a redundancy is made.

Where an individual believes that they were dismissed unfairly and brings a claim to an Employment Tribunal, both their working practices and those of their former employer will be examined by the Tribunal. Ultimately, whether or not the dismissal is fair will depend on whether the decision was reasonable.

Can I bring a claim for unfair dismissal?

The vast majority of employees are protected by law against unfair dismissal. As such, employees of any age, up to the normal retiring age, can bring a claim. However, it is important to note the restrictions on who can bring a claim for unfair dismissal:

  • You must be under a contract of service. This means you must be an employee, and not self-employed;
  • You must have worked for your employer for the required length of time. This is usually two years;
  • You must have been dismissed in the last three months. Bringing a claim of Unfair Dismissal is tightly controlled by deadlines. If an individual wants to raise a claim of Unfair Dismissal, they must ensure that their claim is made with the Employment Tribunal within three months less one day of the date of their dismissal. Generally, the day of dismissal is the last day that they were at work.
  • You must not already have reached an out of court settlement with your employer.

If you are in any doubt as to whether or not you can bring a claim for unfair dismissal, contact Employment Law Glasgow today to find out.

Why should I bring a claim for unfair dismissal?

Employees often feel powerless against their employers, and the thought of challenging them in court may seem daunting. However, if you have been dismissed unfairly, the law is on your side. With a solicitor to help you through the process, you can challenge the unfair decision of your employer.

People bring unfair dismissal claims for different reasons. Some wish to go back to work, while others simply seek financial remuneration for the wages and other benefits they have lost. Others again simply wish to see justice done. If your claim is successful, the tribunal will take into account what remedy you are seeking. The follosecureg are possible options:

  • Financial compensation. Often, employees do not wish to return to the workplace, as the employment relationship has deteriorated in light of the dismissal and subsequent legal proceedings. If so, the court can ensure that you are given money to compensate you for your loss of earnings, up to a maximum amount.

Why should I choose Employment Law Glasgow?

In order to bring a claim for unfair dismissal, it is important that you meet the tribunal’s deadlines and follow the procedural rules. Your chances of success are often increased by articulating your claim in the correct legal terminology, and focusing your claim on the most persuasive legal arguments.

The team at Employment Law Glasgow are experts in employment law and are regularly involved in advising on unfair dismissal claims. We are here to guide you through the legal process and can advise you on the strengths and weaknesses of your claim. If you believe that you have been the subject of Unfair Dismissal, please contact us to discuss your situation on 0141 4137 707.

Unfair Dismissal Glasgow

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