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While employers have the legal right to dismiss employees, employment law requires them to follow fair processes and have a fair reason. If you’ve been dismissed in potentially unjust circumstances, we can support you with your unfair dismissal claim.
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:
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.
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.
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.
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:
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.
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.
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:
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.
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.
The unfair dismissal claims process for employees is typically as follows:
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:
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:
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:
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.
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