Only employees who have been dismissed can bring a claim for unfair dismissal. In most cases they must have at least 2 years’ continuous length of service.
An employer may decide to dismiss an employee for various reasons and some of the most common reasons are capability, conduct, redundancy and some other substantial reasons.
However, in order to dismiss an employee fairly, an employer must ensure that there was a fair reason to dismiss the employee and they must also follow a fair procedure.
Employers can sometimes receive claims because employees feel that their dismissal has been unfair. Despite the employer believing that they dismissed fairly they may be faced with defending an unfair dismissal claim.
In many SMEs, working relationships and friendships can be created across a wide range of departments and even if employees do not work together side by side on a regular basis, a dismissal or an employee leaving can have a negative impact on employee morale. This is why it is vital that any or all dismissals carried out by a business are undertaken with full adherence to employment law.
How can we help?
We can provide effective advice and assistance if you are considering dismissing an employee. If you have already dismissed an employee and have received a claim, we will:
Assess the merits of defending the claim, by speaking to you in detail and considering all documents.
Provide you with practical legal advice.
Provide you with options.
Act in your best interest and work with you to achieve the best solutions, be it representation at a Tribunal hearing or negotiating a settlement.
The importance of dismissing an employee in the correct manner means that it is never too early to call in an employment law expert. Whether you need assistance with a particular case or employee or you would like to improve your overall understanding of and approach to employment law, we can help.
For more information on how to dismiss an employee fairly or how to defend an unfair dismissal claim, call our Employment Law experts on +44 (0)20 7959 2358
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