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Unfair Dismissal / Discrimination At Work

 

Have You Been Unfairly Dismissed Or Discriminated Against At Work?

If you believe that you have been unfairly dismissed or you are considering terminating your employment because you have been badly treated at work and you need further advice and assistance please contact Barings Solicitors as soon as possible.

In order to claim unfair dismissal you need to satisfy minimum service requirements. If you commenced employment before the 6 April 2012 you only need one year continuous service to be able to claim against your previous employer.

If you commenced employment after the 6 April 2012 you need two years continuous service to be able to claim against your previous employer.

In some circumstances, such as acts of discrimination you do not need a minimum service requirement to make a claim.

 

What Makes A Dismissal Unfair?

The law states that it is fair for employers to dismiss an employee for one of the following reasons

  • Misconduct at work
  • Lack of capability (or qualifications) to do the job
  • Redundancy
  • A statutory requirement
  • Some other substantial reason

However, even if the employer convinces a Tribunal that it dismissed their employee for one of those reasons, they still have to show that they followed a reasonable procedure. They must also show that the decision to dismiss fell within a band of reasonable responses open to an employer.

 

What Constitutes Workplace Discrimination?

Any discrimination based on the protected characteristics of ethnicity, sex, religion, gender, gender reassignment, age, sexual orientation, or national origin which impacts on:

  • Dismissal
  • Employment Terms and Conditions
  • Pay and Benefits
  • Promotion and Transfer Opportunities
  • Training
  • Recruitment
  • Redundancy

 

What Will A Tribunal Achieve?

If a Tribunal finds in favour of the employee it can order:

  • Re-instatement – getting their job back with no loss of earnings
  • Re-engagement – getting another job with the same employer or
  • Compensation – an award of monies

 

Act Quickly

You need to act quickly because in most cases you only have 3 months from the date of dismissal (or discriminatory event) to pursue an employment tribunal claim.

Do not wait for the result of any appeal or grievance to conclude before seeking advice.

Get in touch with Barings Solicitors immediately to find out how our expert staff can help you.*

*Such discussion/s will not constitute the establishment or formation of a contractual or tortious relationship.

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