Losing your job can have many profound consequences, making the prospect of losing a job very distressing. Fortunately, the law is designed to protect employees from being unfairly dismissed by their employer.

Unfair dismissal solicitors Manchester

Employers are under an obligation to bring an employment contract to an end fairly and with good reason. Instances of unfair dismissal arise where an employer terminates an employee’s employment without following due process and for unjustified reasons. At Aly & Hulme Associates, our employment solicitors are often asked to help employees who are worried that they have been unfairly dismissed from their job.

If you feel you have been dismissed unfairly Aly & Hulme Associates can help. We are employment law experts based in Manchester with a broad range of experience in unfair dismissal cases.

When is Dismissal Unfair in the UK?

Dismissal from work in the UK is deemed unfair when:

  • Your employer fails to follow the correct procedure for dismissing an employee (e.g. an employee is sacked on the spot without first undergoing the correct process.)
  • There is no valid reason for the dismissal.
  • There are some situations in which dismissal is automatically unfair. Employees have certain legal rights which cannot be interfered with – if you are dismissed for claiming these rights then then it is automatically unfair.

    As an employee, you have the right to:

  • A written statement of the terms of your employment
  • A written breakdown of remuneration
  • A minimum notice period for termination of employment
  • Parental leave (maternity/paternity leave)
  • To request flexible working practices
  • Pay, even if no work is available
  • Time off for public service (jury duty, for example)
  • “Whistle blow” (make a disclosure in the public interest)
  • In addition, you are protected against discrimination and against unlawful deductions from your pay. If you attempt to enforce these rights, then you can take their employer to a tribunal for unfair dismissal.

    Have I been Unfairly Dismissed?

    In most cases, discrimination in the workplace occurs when an employee is treated differently based on a protected personal characteristic or trait. Different treatment includes things like allowing the observance of one religious practice and not another, or to only have childless people working in certain roles. An extreme example is only allowing people of a particular ethnicity to enjoy certain roles or responsibilities

    Your Employment Status

    You need to have the legal status of ‘employee’ before you can claim to have been unfairly dismissed. This means that people who are self-employed, who are on short-term contracts, people who are self-employed and anyone who is ‘employed’ in a freelance or consultancy role.

    While it may seem like something as important as your employment status should be obvious, it’s often not immediately clear whether or not a person holds the legal status of ‘employee’ – especially given that the range of employment options is wider than ever before.

    The length of your Employment

    If you began working with your employer before April 6th, 2012, then you must have been employed for at least one year before you can claim unfair dismissal. If your employment began after that date, then you must have been employed for at least two years.

    What Amounts to a ‘Dismissal’?

    Dismissal is:

  • A contract coming to an end.
  • Constructive dismissal – this occurs when continued performance of your job is made impossible.
  • Forced resignation.
  • Reduction of working hours in breach of contract.
  • Redundancy.
  • Refusal of re-employment after industrial action such as a strike or walk out.
  • Refusal of re-employment after parental leave.
  • Termination of employment without notice .
  • Some situations do not count as dismissal. These are:

  • Resignation or quitting (in many cases, employers will argue that this was in fact the case) .
  • Leaving the employment by mutual agreement.
  • Suspension (with pay).
  • Withdrawal of an employment offer.
  • A material change in your or your employers’ circumstances which prevents you from working there.
  • Dismissal from work – the procedure:

    An employee must have not only a valid reason for dismissing an employee, they must follow the proper procedure.

    ACAS code of practice specifies that an employer should:

  • Write to you setting out the reasons for which you are being dismissed or why disciplinary action is being pursued.
  • Arrange a meeting with you, at which you are entitled to representation by a colleague or other representative
  • Inform you of any decision in writing.
  • Allow you to appeal against the decision.
  • If the decision is that you are to be dismissed, then a notice period or pay in lieu of notice should be given.

    Unfair Dismissal Time Limits

    Claims for unfair dismissal in the UK must be brought within three months of the relevant date. This relevant date is either the date of dismissal or the final day of the notice period.

    Why Choose Aly & Hulme Associates?

    Modern life is hectic. We know you’re busy. we know your hours are often awkward and we know you have enough on your plate. That’s why our founding principle is to help you deal with your legal needs quickly, efficiently and effectively.

    We specialise in dispute resolution and whilst both partners have appeared in Court on thousands of occasions we will strive hard to avoid litigation wherever possible to provide you with a robust and cost-effective service.

  • We are approachable, professional and commercially minded.
  • We cover the South East and North West and will meet you at your convenience.
  • We have policies and procedures to ensure your matter is always taken care of.
  • We will always put your needs first and do our utmost to protect and further your best interests.
  • We are regulated by the Solicitors Regulation Authority and fully insured for your protection.
  • Contact our Employment Solicitors in Manchester Today

    To set an appointment with one of our solicitors, you can call us on 0330 133 0684 or email us at info@aha-law.co.uk or click the contact button below.

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