If you dismiss an employee, the law states that you must have a legitimate reason for doing so. If you fail to follow the correct procedures, then your employee may be able to claim for unfair dismissal. Having the support of an experienced team of employment lawyers can afford your business some vital protections, helping you to protect your position and avoid unnecessary and costly Employment Tribunal claims.
Wilford Smith’s specialist unfair dismissal solicitors have a proven track record when it comes to helping employers reach settlements quickly and professionally. We will work on your behalf to develop proactive strategies to help you achieve your desired result fast, allowing you to focus on the running of your business. Contact us on 01709 828 044 or complete our online enquiry form to find out how we can help
What constitutes unfair dismissal?
There are five potentially fair reasons that you can rely upon to justify the dismissal of an employee. These reasons are:
- Where it be against the law if you continued to employ the individual
- Another substantial reason
For the dismissal to be fair, you must be able to show that it was based on one of these five reasons.
If an employer can show a legitimate reason for dismissal, does that mean that a claim for unfair dismissal will fail?
Even if you can demonstrate that an employee was dismissed for one of the above reasons, the Employment Tribunal will still have to decide if the dismissal was reasonable in the circumstances. This means that you will have to show that the termination was within the "range of reasonable responses" – the onus is on you as the employer to demonstrate that you acted reasonably in treating the ‘fair’ reason as the basis for the dismissal. The Tribunal will consider the size and administrative resources that your business has in the course of making its decision.
The importance of following correct procedures
Even if you dismiss an employee for a ‘fair’ reason, and an Employment Tribunal finds that dismissal was justified in the circumstances, an unfair dismissal claim may still be successful if you fail to show that you followed the correct procedures in doing so. If the dismissal is based on an employee's conduct or performance, you will be required to demonstrate that you have followed the Acas Code of Practice which establishes that there should be sufficient warnings, investigations and evidence in support of the dismissal. If the reason for the dismissal is redundancy, you will have to show that you followed an appropriate consultation or selection process when choosing which employees were to be made redundant.
Contact our Unfair Dismissal Solicitors
For advice on a unfair dismissal, speak to one of our specialist solicitors today by calling 01709 828 044 or complete our online enquiry form.