Unfair Dismissal / Wrongful Dismissal

At Oxford Employment Law Solicitors we are advising employees and ex-employees every day about unfair dismissal and wrongful dismissal.

Unfair dismissal is a dismissal which is unfair either because it is not for a potentially fair reason (e.g. redundancy, capability, conduct, retirement), or because the dismissal has not been carried out using a fair procedure. Overall the dismissal needs to be fair in all the circumstances of the case. Since the repeal of the statutory procedures, a failure by an employer to follow a fair procedure can lead to an increase in compensation of up to 25%.

Redundancy is a type of dismissal. As such, if the employer follows an unfair procedure, or if in reality the reason for the dismissal is not redundancy at all, then it is likely that any such dismissal will be unfair. Failure to follow a fair redundancy procedure often involves the employer failing to adopt a fair pool for selection or failing to score the employee fairly in respect of the selection criteria.

Constructive dismissal is a situation where the employee resigns (with or without giving notice) in response to the employer’s actions, in circumstances where it was not reasonable for the employee to continue working. Often this will be where the employer has acted in such a way as to have destroyed the trust and confidence that the employee has in the employer. This may also amount to unfair dismissal, depending on the circumstances. Constructive dismissal is usually difficult to prove with many separate elements, and an employee should be wary about resigning without legal advice if s/he wants to be able to claim.

Generally, employees do not have the benefit of protection against unfair dismissal until they have been employed for a year, but there are various circumstances in which this requirement does not apply.

Wrongful dismissal arises where the employer terminates the employment contract contrary to the terms of the contract, i.e. a dismissal in breach of contract. Usually this is where the employer has dismissed the employee without giving him/her the required notice, or failing to follow a contractual disciplinary procedure. This right does not require any minimum term of employment.

If you believe that you have a claim, or are in any doubt about your position, give us a call and we can discuss it over the phone to see if you have any case. In certain circumstances we may be able to offer a no win no fee agreement to pursue your case.