For the best advice on Unfair dismissal Warwickshire has to offer look no further than Horizon Solicitors.
Dismissing an employee without a fair reason for doing so makes employers liable to having claims made against them, according to UK Employment Law and Employee Rights. But what is Unfair Dismissal? At Horizon Solicitors, we not only know the full extent of unfair dismissal and constructive dismissal legislation, but we have the experience to resolve your employment concerns with professionalism and expertise.
Being Subject to Unfair Dismissal
Unfair dismissal can arise in one of two situations: when an employer doesn’t have a valid reason for your dismissal; or if an employer doesn’t go through a fair disciplinary or dismissal procedure before exercising termination of employment. While many cases of dismissal are legitimate, there are certain cases where employees can take legal action for automatic unfair dismissal. For example, if an employee is dismissed from work over disputes about maternity or paternity leave; refusing to work extended hours or giving up their breaks; for joining a trade union or exposing wrong-doing in the workplace. These cases of unfair employment termination are against the law, and the right applies from day one of employment, there is no 2 year qualifying period.. While often thinly disguised by employers, unfair dismissal can be fairly evident to spot – an action/reaction exchange usually takes place, which ends without just means. But, not all unfair dismissal is quite so
What is Constructive Dismissal?
Constructive dismissal may amount to an unfair dismissal when an employee is forced to leave their job, due to the actions (or inaction) of an employer’s conduct. Not all cases of apparent constructive dismissal qualify as unfair dismissal, as to do so the reasons for an employee leaving must be very serious, so serious as to amount to a fundamental breach of contract. For example, if an employee is not paid for their work; they are demoted without explanation; are forced to accept unreasonable changes to their employment that are not in their contract; or if they are subject to harassment or bullying by colleagues under an employer’s knowledge, this may give rise to a case for constructive dismissal.
Turning to Horizon for Expert Advice
While each case is different, if an employee believes they are being subject to actions amounting to constructive dismissal, they you must ultimately leave their role – staying may be seen as acceptance by the employer that they agree to the detrimental or unpleasant working conditions they are being subjected to. It is therefore very important to speak to an employment professional before taking drastic action. While internal Human Resources departments should be able to help employees, HR Officers / Managers are often one and the same as the employer – especially in small business situations. That’s where Horizon Solicitors can step in. As professional and fully qualified and regulated Human Resource specialists, we have extensive experience in handling employment law, employee rights, and unfair dismissal cases, including constructive dismissal. For expert advice on unfair dismissal warwickshire based speak to us at Horizon. We can help you with your employment, whether you be an employee or an employer seeking to take action, to help you get the best out of your current working situation.