Unfair dismissal compensation claim solicitors deal with applications to the Employment Tribunal and to the Employment Appeal Tribunal. They utilise the no win no fee scheme and you do not have to fund or finance your legal action upfront. If the unfair dismissal claim is won and you receive compensation, only then do you pay legal charges based on a pre-agreed percentage of the amount of the award. Claims are totally risk free and if the action is lost you pay nothing. It's to everyones advantage that you win your case and if you instruct a specialist employment law solicitor to represent, that lawyer will provide committed and vigorous legal representation on your behalf. No stone will be left unturned in the quest to win compensation on your behalf. Your lawyer will zealously represent your position above all else.

There are tight time limits applicable to taking action in an Employment Tribunal. The basic rule is that an application must be submitted to the Employment Tribunal within three months of termination. The Employment Tribunal does have discretion however this should not be relied on and in most cases the claim will be barred if it falls outside the time limits and the opportunity to claim compensation or re-instatement will be lost forever. Time is of the essence and you should urgently take advice from an unfair dismissal compensation claim solicitor as soon as termination is intimated.

Lawful Termination

Termination of employment can be lawful or unlawful. Employers who wish to terminate an employee are expected to act in a reasonable manner and to fully investigate the situation that may lead to a dismissal. To justify termination an employer must show that it was for unacceptable conduct, lack of capability, redundancy, illegality or for some other substantial reason. The law provides for an employer to lawfully determine employment in the circumstances outlined however if the employer deviates from the proper legal procedures or has no grounds for termination then an application for can be made to an Employment Tribunal in order to claim compensation for unfair dismissal or in some circumstances an order for re-instatement. An employer can legally terminate employment in the following circumstances :-

• Employees can be lawfully terminated if their behaviour falls below an acceptable level. In certain circumstances dismissal can be instant with no recourse for the employee. Examples of unacceptable behaviour are violence, theft, dishonesty, corruption, drug abuse, drunkenness, abusive behaviour, unjustified absences, regular lateness or unsuitable appearance.
• Termination of employment may be lawful if it is by way of a genuine redundancy however employers must show that the choice of those eligible for redundancy was carried out fairly and followed the relevant protocols. Unfair dismissal solicitors always consider the procedures followed by employers in this situation as there are many pitfalls for the employer giving the employee the opportunity to claim enhanced compensation for unfair dismissal. In addition some employers are known to have carried out sham redundancies rather than pay damages for unfair dismissal.
• An employer is entitled to terminate employment if an employee is unable to properly carry out the work. The employer is thereafter entitled to employ someone else who is capable of doing the job. Employers most use care in this case and must fully investigate the situation and discuss the problems with the employee to attempt to rectify the issue prior to dismissal. Failure to do so may amount to unfair dismissal.
• There are certain circumstances where continuing employment may place an employer in breach of the law such as an expired visa or an expired work permit and in these circumstances an employer is allowed to lawfully terminate employment.
• There is a 'catch all' in the legislation and an employer is entitle to terminate for 'any other substantial reason' however whether or not the grounds for termination are lawful or unlawful can only be tested in an Employment Tribunal. An unfair dismissal compensation claim solicitor will investigate this type of dismissal in depth in anticipation of an unlawful termination.

Unlawful Termination

There are many circumstances in which termination of an employee can be deemed as unlawful. The most common reasons are outlined below however this list is not exhaustive and if you have been terminated for a reason not outlined here we offer a free advice service. If you would like to speak to an unfair dismissal compensation claim solicitor at no cost and without further obligation just call the helpline or email our offices :

• Discrimination, harassment and victimisation is unlawful (and an illegal criminal offence in some cases) in the context of employment based on race, sex, religious belief, disability or sexuality.
• Employees are entitled by law to be members of any trades union that they please and to take part in their activities if they wish to do so. In contrast employees cannot be forced to join a trades union and the 'closed shop' is outlawed. Dismissal based on trades union membership or refusal will amount to an unlawful and unfair dismissal.
• Entitlement to 'leave' is enshrined in law in certain circumstances. Employees are entitled to take maternity leave, paternity leave, ante-natal leave, parental leave and dependants leave and any termination due to an employee taking their entitlement to recognised leave is automatically unlawful and unfair.
• Employees cannot be lawfully terminated if they take part in industrial action for less than 8 weeks.
• Employees cannot be lawfully terminated if they refuse to work more than 48 hours per week.