Tobins Solicitors LLP provides advice, services and representation to employees and employers in matters involving fair, unfair and wrongful dismissals. Our expert solicitors have extensive experience in this complicated area of employment law, and have the ability to get results for our clients in an efficient and cost-effective manner.
North West England Dismissal Claim Solicitors
We receive many calls from individuals who have been dismissed. They want to know answers to questions such as:
- What are my rights?
- What compensation am I entitled to?
- How much will it cost to run the case?
What Is a Dismissal?
A dismissal occurs when an employee's contract of employment is terminated by his or her employer. It also includes situations where an employee feels that the employer has acted to fundamentally breach the contract and the employee has resigned as a result. This is known as constructive unfair dismissal.
In order to claim unfair dismissal in the employment tribunal, an employee normally needs to have been employed for one year. Any claim must be presented within three months of the date of termination. However there are exceptions to this rule (for example in relation to pregnancy and maternity rights) so it is always worth checking.
When Is a Dismissal Fair?
A dismissal is normally fair if the employer can show it was for one of the following reasons:
- Conduct
- Capability
- Redundancy
- Retirement
- A legal reason prohibited the employment continuing or
- Some other substantial reason
The employer still needs to follow a reasonable procedure in dismissing the employee.
Assessing a Case
In assessing a case we apply the following tests:
- Did the employer use a fair procedure?
- Was the decision to dismiss within the range of reasonable responses open to a reasonable employer?
Contact Tobins Solicitors LLP
For a free initial telephone consultation with our Manchester fair and unfair dismissal solicitors, contact our firm.
