Expert legal support and representation
As an employee, you have the right not to have your employment ended unfairly. At Hutchinson Thomas we understand how difficult and stressful it is to be dismissed. We will talk through your situation with you and advise you as to whether you can make a claim against your employer.
Our team have wide experience of dealing with unfair dismissal cases across a range of sectors and for many different reasons. We will give you an honest evaluation of your case and the options available to you.
If you instruct us to represent you, we will stay by your side throughout to ensure you are supported and we will be available to discuss the matter with you as needed and answer any questions you may have.
When is dismissal unfair?
If you have worked for your employer continuously for two years, you cannot be dismissed without a fair reason. An employer can fairly dismiss someone on the grounds of capability, conduct, redundancy, where continued employment would break the law or for some other substantial reason.
However, just because one of these reasons exists, it does not necessarily mean that a dismissal is fair. Your employer is still required to follow the correct procedure, such as the Acas Code of Practice on disciplinary and grievance procedures or the correct redundancy process.
A dismissal could be unfair because the correct procedure was not followed or because the reason itself is unfair. This could be because the reason breaches employment law or is based on discrimination.
If your statutory legal rights have been breached, dismissal is automatically unfair and, if this is the case, you do not need to have been employed for two years. Examples of automatic unfair dismissal include dismissal because of maternity or paternity, because of union membership, whistleblowing, seeking to exercise the right to flexible working, because you complied with health and safety requirements, insisting in being paid minimum wage, refusing to work more an average of more than 48 hours or because of some other breach of your statutory legal rights.
Choosing Hutchinson Thomas
The law surrounding unfair dismissal can be complex. A tribunal will look at whether your employer acted reasonably and whether your rights have been observed. Our employment team will be able to advise you on the strength of your case and make a claim against your employer where appropriate.
We are expert negotiators and often settle cases without recourse to the court or employment tribunal. We will discuss any offer with you to ensure you understand the implications of accepting it and if we believe you are entitled to more, we will work hard to obtain this for you.
In the event that your case does proceed to an employment tribunal, you can be assured of robust representation.
Hutchinson Thomas is the first law firm in Wales to be awarded the Law Society Mark of Excellence. The firm and many of our lawyers are recognised year on year in the Legal 500 publication as leading individuals in their field.
We have an excellent track record of success in acting for clients who have been unfairly dismissed. If you would like to speak to one of our expert employment solicitors, ring us on the following numbers or fill in our contact form.