There are many reasons why you might want to terminate the contract of an employee, but it is important that this is always done fairly. If this is not the case, then you may leave yourself open to a claim of unfair dismissal, and this can lead to employment tribunals which are costly and damaging to your reputation.
It is therefore important that you act appropriately should any claim for unfair dismissal be made against you. Our team of expert lawyers at Lovedays Solicitors are here to help you defend your case by outlining the different potential options that are open to you in order to deal with the issue. We can then look at the needs of your business and decide what route is best for you and then support you with full legal guidance.
What Constitutes Unfair Dismissal?
The termination of the employment of a member of staff can be considered to be unfair if you have not given a good reason for dismissing them or if you have not followed the company's formal disciplinary or dismissal processes. A dismissal is likely to be considered unfair if the employee has asked for flexible working or refused to give up their working time rights. It is also the case if they have resigned and given the correct notice period, joined a trade union or taken part in any legal industrial action that has lasted for 12 weeks or less. Unfair dismissal also occurs if they have needed time off for jury service or applied for any parental leave.
An employee who has tried to enforce their right to receive Working Tax Credits or acted as a whistleblower in exposing wrongdoing in the workplace will also be considered to have been unfairly dismissed. Forcing an employee to retire through a process of compulsory retirement is also unfair dismissal if you cannot objectively justify it.
However, it is important to remember that there are fair reasons for dismissal. This may be because the employee is not able to do their job properly or because they have a persistent or long-term illness that has made it impossible for them to do their job.
You are also entitled to make an employee redundant if you do so in a fair and transparent way, and you can dismiss someone for gross misconduct without going through the normal disciplinary procedures. Employment can also be terminated if continuing to employ the person would break the law, or if it's impossible to continue employing them, such as if the premises burns down. There are also substantial reasons for dismissing someone fairly, such as their refusal to accept a company reorganisation that changes their employment terms or if they have been sent to prison.
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Common Causes of Unfair Dismissal Claims
Whilst there are a wide range of reasons why a dismissal might be considered to be unfair, there are some which seem to crop up more often. This can often relate to the issue of procedural fairness. This means that an employer has not followed their own policies and procedures in relation to disciplinary hearings or grievances. In this case, an employee must be able to show what your policy states and the action that you took which fails to comply with it. This means it is essential that you always follow the policies that you have issued to your employees whenever you go through a disciplinary or dismissal process.
Other common issues tend to centre around consistency. A dismissal may be considered to be unfair if it is possible to show that you have not acted consistently with past decisions. This might highlight that you are perhaps exercising favouritism or being seen to discriminate against one particular employee.
There are also certain scenarios which automatically point to an unfair dismissal. This often relates to issues around whistleblowing. If someone has been dismissed as a result of them whistle blowing on anything within the business, then this will be seen. As an unfair dismissal. This is also the case in any issues of discrimination, as well as relating to failings in health and safety activities. Your dismissals also cannot be related to pregnancy in any way.
Steps to Defend Against Unfair Dismissal Claims
Initial Steps
If a case of unfair dismissal is being brought against you, then it is important that you seek legal advice at the earliest available opportunity. This will help you to understand exactly what your situation is and what action you are able to take. By seeking professional legal guidance, you can ensure that you are compliant with all legal procedures throughout the claim.
Ideally, you should be looking to have professional legal support for your business before you make any dismissals to ensure that they are fair and correct at all times and then you are able to avoid any claims being made against you.
However, If you find yourself in this situation, then it is important to look at whether you are able to establish a legitimate and lawful reason for terminating the employment of your member of staff. You will also need to be able to show that you have acted reasonably throughout.
It is therefore important to gather together as much documentation and evidence as possible. This should be able to show all the steps that were taken during the dismissal process including any notes that were taken, the relevant employment contract, any business policies and procedures that are relevant and any official communication to the employee.
During the Tribunal Process
If the unfair dismissal claim goes as far as an employment tribunal, then the emphasis is on the employer to prove that the dismissal was fair. In order to do this, you must be able to show that you acted reasonably, and that the dismissal was justified. With the help of an experienced employment solicitor, you should conduct a thorough investigation to establish the facts as soon as possible. You will also need to gather as much evidence as possible, and any witness statements from anybody who might have been involved in the process, such as those working in the HR department.
The employee may have outlined what remedy they are seeking as a result of the tribunal. It is important that you consider this and decide whether you think this is fair compensation or whether you would like to make a counter offer based on what you and your solicitor believe the claim to be worth.
A tribunal can be a difficult process and so it is important to have professional legal representation throughout. Experienced employment solicitors, such as those at Lovedays Solicitors can advise you at every step of the way and can represent you during the tribunal to make sure that all dealings are professional and legally compliant.
Post-Tribunal Actions
At the end of an unfair dismissal tribunal, a decision will be made about the case. This is sometimes done at the time, or it may be sent to you afterwards. It is important that you speak to your employment solicitor as soon as possible about the verdict to ensure that you fully understand all of its implications. If the tribunal has awarded the employee any compensation, you should check that it has been calculated correctly, and you will be required to pay within 14 days of the judgement or you may incur interest.
The outcome of the tribunal is important that you take the opportunity to learn from the whole process. This should be a time when you look at the policies and procedures within your business to ensure that it is completely fair at all times.
You should see if there is any way that you can improve any future dismissal processes or how you record them, and you may want to consider offering additional training to certain managers or departments on how to handle these situations. Lovedays Solicitors can provide expert support on all of these issues to ensure that what you put in place is correct and effective at protecting your business from any future claims.
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Benefits of Using Professional Legal Services
If you are faced with a claim of unfair dismissal, it is important that you seek professional legal advice as soon as possible. This is because the claim is likely to have come about because you have either not followed the correct procedures or done something which could be considered to be discriminatory.
This highlights the need for the correct legal knowledge to be applied to your business and the situation that you find yourself in. By having an experienced solicitor by your side during the process of an unfair dismissal claim and even an employment tribunal you can increase your chance of success.
A qualified solicitor can help you to put together a better defence with the advantages of full preparation and legal understanding. They can guide you on what evidence you will need to gather as well as what witness statements are going to be important. A solicitor can also help you to understand any areas where you may have not followed the correct procedure, or they may be able to demonstrate the ways in which you were fair and correct.
Employment solicitors can also represent you during a tribunal to help achieve a better outcome. They are in a position to help to prepare your case thoroughly and have a good understanding of the situation so that they are able to argue your case in an objective and non-emotional way to help ensure that all your points are made coherently and in the correct manner.
Professional legal support can also play an important part in risk management for your business. By consulting with a professional employment solicitor, you can ensure that all of your policies and procedures are compliant with any relevant employment laws. This can help to decrease the likelihood of any future claims being made against you, which can protect the rights of your employees and will also help to protect the interests of your business.
How Lovedays Solicitors Can Help
Lovedays Solicitors have been offering professional legal advice in a variety of different ways for more than 100 years. We have vast experience in the field of employment law and can therefore assist your business in dealing with any employment or unfair dismissal cases. We have a range of services available including pre dismissal consultations as well as tribunal representation and post tribunal advice to help you learn from any issues that were highlighted during the case.
We will always deal with every case with the utmost professionalism. We pride ourselves on our personalised approach, ensuring that each case is treated uniquely and gets a tailored solution that is appropriate for the individual situation. It is for this reason that we are the preferred choice for so many employers across Derbyshire when it comes to getting the correct legal representation.
Talk to one of the experts at Lovedays Solicitors today for a sensitive and professional approach to your case. We will work hard to help you defend any claim in the best way that we are able to, and we can provide expert advice on how best to proceed. We have experience in a wide range of different employment claims and are in the ideal position to deal with tribunals or any ongoing issues with employees. When your claim has been dealt with, we will also be able to help you learn from the experience, to make your business a more positive and compliant one.
Conclusion
Unfair dismissal cases can be brought about either because of the reason for the dismissal or the way in which it was handled. These kinds of claims can result in hefty compensation payments as well as substantial reputational damage to your business, and so you need to think carefully about how you are going to respond to the claim.
These situations can be complicated and very tricky to deal with and so it is important that you seek professional legal advice as quickly as possible. At Lovedays Solicitors, we have an experienced legal team who are ready and waiting to help you with the best ways to respond to any potential claims, as well as representing you during any tribunal that might come about and helping you to put new policies and procedures in place to protect your business going forward.
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