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Unfair dismissal is when your employer terminates your employment without fair reason for doing so, or via an unfair process.
How do you know if your dismissal is unfair?
There are five reasons for a dismissal to be fair. If you believe your dismissal doesn’t meet one of these reasons, you may have a case for unfair dismissal.
Are you unable to do your job either because you’re not qualified, your health prevents you or you’re just incompetent?
This is the way you behave at work. Fair reasons for dismissal can range from theft of property, to abusive or racist behaviour, or taking time off without permission. The scope here is very large.
There are set rules to how redundancy process must be conducted. There must be a fair reason for the redundancy and the employer must consult with you to try and avoid job loss.
Breaking the law
This is more clear-cut. Breaches of civil or criminal law outside work hours may result in dismissal. There could also be statutory reasons for your dismissal: for example, your immigration status has changed or you don’t have the required license to do the job.
'Some other substantial reason'
This is a catch-all to cover all the different ways you might fairly be dismissed, including things like third-party pressure or a loss of trust and confidence.
How PAL can help
If you believe you have been unfairly dismissed you will usually need at least two years continuous service to challenge this at an employment tribunal.
If we determine if you have a good argument to make, we can help you with the appeal process, including writing the letter and representing you at the hearing.
Sadly, if you have been dismissed it can sometimes be difficult to gain reinstatement and it might be better to consider accepting a payment through a settlement agreement. We have a strong track-record of achieving substantial settlement agreements for people who have been unfairly dismissed.
PAL will be able to help you in these negotiations and can also provide you with the required settlement legal advice.
"Your advice and support was really useful in playing back to the employer many points that absolutely highlighted the indefensiveness of the allegations made."
Initial advice package
2-3 hours of an experienced advisor's time.
We'll discuss your employment situation and suggest the best course of action for your case.
Your advisor will be a professional with years of expertise working in employment law.
Further advice package
In-depth guidance and support on your employment situation from a dedicated advisor.
We'll run through a strategy for handling your case based on sound knowledge of employment relations.
We'll review all relevant documents and provide you with verbal and written advice on your situation.
We'll engage with your employer on your behalf and provide assistance on drafting relevant letters to your employer or other third parties as required.
Formal representation package
All the advice listed in the advice and support package.
Trade union representation at one formal meeting with your employer.
As trade union officials, our advisors are uniquely placed to provide you with representation at formal meetings in your workplace.
Advice on ACAS early reconciliation process if applicable to your case
Representation at additional meetings will be charged at a further £400 per meeting.
Get in touch
If you think we could give you the support you're looking for, we'd love to hear from you - please get in touch:
You’ll be connected to a PAL advisor who can chat to you about the service without any obligation.
If you decide to go ahead you’ll be asked to provide some basic information about your circumstances to ensure that you are provided with relevant advice and that we can support you with your problem.
Call us on 020 3292 0367
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