Unfair Dismissal & Discrimination

Unfair Dismissal

Covering Oxford, High Wycombe, Aylesbury, Banbury, Witney and more.

Employees with one year's continuous service are protected under the Employment Rights Act 1996 against unfair dismissal. This includes dismissals for misconduct, capability, sickness and redundancy. There are some exceptions to the need for a one year qualifying period - for example: dismissal for certain health and safety reasons, whistle-blowing, asserting a statutory right, for being pregnant or being a part-time employee.

Constructive Dismissal

Claims for unfair dismissal are brought in an Employment Tribunal with Employment Solicitors. It must be clear that the reason for the dismissal was not a potentially fair reason, or in all the circumstances of the case the dismissal was unfair even if a result of constructive dismissal. Claims must be brought within three months of the effective date of termination. For example, if your employment contract was terminated on 07 June, you would need to bring a claim for unfair dismissal by midnight on 06 September of the same year.

Discrimination

In general, it is unlawful to discriminate against either employees or workers because of their age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origins), religion or belief, sex or sexual orientation.

Discrimination includes harassment and victimisation. Events occurring after 01 October 2010 are now covered by the Equality Act 2010.

If you believe that you have been discriminated against, for example if you feel you have suffered disability discrimination by your employer, because of one or more of the protected characteristics mentioned above, then please do give us a call and we can discuss your situation.