Unfair Dismissal

When employees are dismissed, it is usually for one of the following reasons:

  • Misconduct
  • Capability (or lack thereof)
  • Redundancy

Clearly, these are often valid reasons for dismissal. However, in some situations, employers can be too hasty in dismissing employees and can fall foul of employment legislation by dismissing employees without good reason. If this has happened to you, you may be able to make a claim for unfair dismissal. For instance:

  • Dismissal for misconduct may be unfair where the proper disciplinary procedure was not followed.
  • Dismissal for lack of capability may occur if the employee is not given feedback or the opportunity to improve their performance.
  • In the case of redundancy, unfair dismissal may occur where the proper procedure for consultation is not followed, or if the process for selecting the employee to become redundant is not followed.

Our expert employment lawyers can assess whether or not you have a case for unfair dismissal and advise you accordingly. We also represent clients at employment tribunals and can advise you throughout the entire process.

We are experts at assessing whether or not there are grounds to make a complaint of unfair dismissal to an employment tribunal and can either help clients to do this themselves or, more commonly, represent clients throughout the entire procedure.

Some dismissals are automatically unfair. These include:

  • Dismissal for ‘whistleblowing’
  • Dismissal for pregnancy or a reason related to parental leave
  • Dismissal for asserting a statutory right (for example the right to maternity leave or the right not to suffer an unlawful deduction of wages)

Unfair Dismissal Lawyers Glasgow & Paisley

Claims for unfair dismissal must be raised within three months of the date the employment ended. As such, it’s important to get in touch with us right away.

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