Unfair Dismissal Claims

Advice and assistance from Cohen Cramer Solicitors

If you have been employed for at least 1 year and 51 weeks, and have been dismissed, or have resigned from your job you may have a claim for unfair dismissal subject to certain conditions. Cohen Cramer Solicitors can provide the help and advice you need

If you have resigned from your job because of a discriminatory act by your employer, your claim will probably be a discrimination rather than an unfair dismissal claim.

An employer can fairly dismiss an employee for 5 reasons:

  • The employee is incapable of doing the work they are employed to do. This is usually through ill health or because of a lack of qualifications
  • The conduct of the employee
  • Redundancy
  • The continued employment of that employee would be a breach of duty or legal restriction
  • Some other substantial reason, for example a company restructure

Employment Tribunals usually decide whether a dismissal is unfair or not based on three tests.

  • Whether the ACAS procedure has been followed during the disciplinary process
  • Whether the employer has carried out a reasonable investigation into any misconduct alleged, and
  • Whether the employer acted reasonably in the dismissal process.

The burden is upon the employer to persuade an Employment Tribunal that the dismissal was fair. The employee usually needs to refer to documents prepared during the disciplinary process that any dismissal would be unfair. This is usually proved by either asking the right questions during the disciplinary process, asking for particular witnesses to attend or getting the right documents for the disciplinary hearing.

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