Are you dealing with disputes from dismissing an employee?
Generally, the person bringing the claim (the claimant) must have been an employee and have been employed by their former employer (You) for a period of 2 years.
Did you follow a fair procedure and dismissing your employee by giving good reason?
If your answer is No, we are here to give you expert legal advice about the disputes.
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Unfair dismissal is where and employee has been sacked in a way that is unlawful. This is usually because either one of the 5 fair reasons for dismissals do not apply, or there has been a failure of process, or it is not reasonable for you to have been dismissed. A constructive dismissal is where an employee is forced to resign in response to your conduct, which has made their position untenable. Although it’s referred to as a “dismissal” in law, it is in practical terms a resignation.
No. The correct test is whether the dismissal was fair on the basis of what you, as employer, knew at the time. An argument cannot be raised that you would have dismissed the employee in any event, because of something new you had discovered after they had been dismissed.
A claim for unfair dismissal must be issued in the Employment Tribunal within 3 months of the effective date of termination (EDT). The time limits are very strict so you should ensure that any claim against you has been issued correctly. The EDT can be ambiguous, so if you are unsure about the time limits in your case seek immediate advice.
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