Unfair Dismissal Claims for Employees

There are several automatically unfair reasons for dismissal, including taking maternity leave, discrimination of any kind, or making a request for flexible working.

At Anderson Strathern, we appreciate that losing a job is a tense experience, both financially and emotionally. The situation becomes even more stressful when you have been treated unfairly. Our employment law team have much experience providing advice to employees across a variety of industries, in a range of circumstances.

Much of the time, there is a procedure or a chain of events which results in a dismissal. We are in a great position to review your set of circumstances, calling upon our expertise in discrimination, inequality, disciplinary meetings, and grievance processes.

Our employment law solicitors can support clients with:

• Legal advice regarding workplace disputes
• Unfair dismissal claims
• Making a constructive dismissal claim
• Alternative dispute resolution
• Employment tribunal claims

Speak to our employment solicitors today

If you’re looking for unfair dismissal advice, get in touch with our expert lawyers today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.

Our expertise with unfair dismissal claims

Legal advice regarding workplace disputes

If you are having a dispute with your employer, it is recommended to seek early legal advice. Where an employer is not acting as they should, disputes may eventually lead to unfair dismissal or constructive dismissal.

We have supported many employees to protect their employment rights during disputes. Where employees are undergoing disciplinary or grievance processes, we can offer legal recommendations and ensure that they are being treated fairly.

Making an unfair dismissal claim

If your employer dismisses you without a valid reason, or if they do not follow the correct dismissal process, you may have grounds to pursue an unfair dismissal claim.

Some dismissals are explicitly unfair, for example, if you are dismissed for asking your employer for a legal right. In other cases, it is harder to judge whether or not your dismissal was justifiable or not.  Some unfair dismissal claims require you to have a certain length of service and status before they can be brought.

Our expert solicitors can help you to determine whether or not your dismissal was fair and assist you in making a claim if necessary. We have a wide range of options to help employees with unfair dismissal settlements should alternative dispute resolution be our recommendation.

Constructive dismissal claims

Where an employee has felt forced to resign due to their employer’s conduct, or a breach of contract, the employee has the right to make a constructive dismissal claim. An employee might make a claim where they have left their role under the following circumstances:

• They have experienced discrimination or bullying which the employer has neglected to deal with
• They have been paid less than the amount stated in their employment contract
• The employer has made unreasonable changes to their working arrangements without their consent

Alternative dispute resolution

Our solicitors can support clients in resolving unfair dismissal claims using alternative dispute resolution processes, such as mediation.

Mediation allows for both parties to present their viewpoint and have a discussion with the help of a trained mediator. In unfair dismissal claims for employees, mediation can be used to reach a swift settlement with your employer. This way, it may be possible to avoid taking your case to an employment tribunal.

Employment Tribunals for unfair dismissal Claims

Our solicitors make every effort to settle your case using mediation or other means of alternative dispute resolution where we agree with you that this is the best strategy. Where it is not possible to do so, we can represent you at an employment tribunal.

Our employment law solicitors have much experience representing clients in both constructive dismissal and unfair dismissal claims. We have a fantastic success record in securing unfair dismissal compensation and will ensure that you are well prepared for the process.

What employees need to know about unfair dismissal claims?

What is the difference between unfair and constructive dismissal?

Unfair dismissal means that an employee has been dismissed without a good reason or that the employer has not adhered to a fair process for dismissal. There are many reasons that a dismissal might be unfair, such as:

• You were dismissed because you refused to give up basic working rights (for example, taking breaks)
• You asked your company for more flexible working arrangements
• You took maternity leave, paternity, or other types of leave as necessary
• You joined an official strike or trade union

Constructive dismissal means feeling forced out of a job due to the actions of your employer. Your employer may have breached your contract, for example failing to pay you the agreed wage or overlooking harassment you’ve faced in the workplace.

Where you have experienced any of these circumstances, our solicitors will be able to help you to decide upon the best course of action.

How long do I have to be employed to claim unfair dismissal?

If you’ve been employed at a company for two years, you have the right to make an unfair dismissal claim.

Regardless, if you’ve been at a company for less than two years and you’ve been treated unfairly, it is still advisable to seek legal advice as there are circumstances in which you still have the right to claim unfair dismissal where you have less than 2 years’ service. Our employment lawyers at Anderson Strathern have supported employees in a number of complex situations and disputes.

How do I claim for unfair dismissal?

The unfair dismissal claims process for employees is typically as follows:

• You must ensure that you raise a claim within three months of being dismissed by your employer
• It is necessary to contact ACAS to report the dismissal within that period
• You should appeal using the appeals process, with the support of a solicitor
• Attempt mediation processes or settlement discussions to consider reaching an unfair dismissal settlement
• Escalate the claim to an employment tribunal if mediation/other discussions has failed to settle the claim

Who is eligible to claim for unfair dismissal?

Employees who have worked at a company for two years are able to make an unfair dismissal claim. You will not be able to make an unfair dismissal claim (but may have other remedies) if:

• Your status is self-employed
• You are classified as a ‘worker’ or agency worker
• You are in the army or a police officer
• Registered as a dock worker
• You work for a foreign government or overseas

You can only pursue an unfair dismissal claim if you were unfairly dismissed. If your dismissal was for a fair reason, you will not be able to claim. Examples for fair reasons for dismissal include:

• Misconduct or gross misconduct
• Poor performance or lack of capability
• Illegality
• Redundancy

How much compensation for unfair dismissal?

It is difficult to predict how much unfair dismissal compensation you will receive because it depends on your current role. The amount you will receive is based on:

• The amount of time you’ve worked for the employer
• Your age when you were dismissed
• How much you earn before tax
• A fixed amount referred to as a ‘basic award’
• A compensatory award (based on the money you lost due to being dismissed)

Speak to our employment solicitors today

If you’d like to discuss unfair dismissal claims for employees, get in touch with our expert lawyers today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.