Employees with two years’ continuous employment are protected under the Employment Rights Act 1996 against being unfairly dismissed. This means, in short, that an employer has to act fairly when dismissing an employee, otherwise the employee can claim unfair dismissal. In some cases, the employer acts in such a way that the employee feels there is no option but to resign. This is called constructive dismissal, which is often also unfair. We advise employees on unfair dismissal, and in certain circumstances can offer a no-win no-fee agreement to take the case on, all the way to the employment tribunal hearing if necessary. We also advise employers (not on the same case of course) on how to avoid claims for unfair dismissal and defend claims that arise. Because we act for both employers and employees, we understand the problems associated with each side’s position, and can therefore effectively advise on the best strategy to get the best outcome for our client.
As with all employment claims nowadays, the employee must first contact ACAS for what’s called ‘Early Conciliation’ before being able to put a claim in to the Tribunal. We can also advise on this process or conduct it on your behalf if you wish. Employees should also be aware of the three-month time limit for bringing unfair dismissal claims, though this can be extended in some circumstances.
Although in most cases, two years of employment are needed in order to be able to claim unfair dismissal, in certain circumstances, this is not the case. For example, dismissal for certain health and safety reasons, whistleblowing, asserting a statutory right, for being pregnant or being a part-time employee. If you are in any doubt about your rights, please do call us for a no charge telephone consultation on 01865 338037 or visit our contact page.
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