Save in exceptional circumstances (such as where an employee has been guilty of gross misconduct within the workplace) it is not competent for an employer to dismiss an employee without allowing that employee to work a notice period or providing the employee with pay in lieu of notice.
If an employer fails to comply with their obligations in respect of an employee’s notice period then it can be held to have ‘wrongfully dismissed’ an employee and be ordered to pay compensation towards the employee.
The contract of employment entered into between an employer and employee at the start of the employment arrangement will normally set out the period of notice to which an employee is entitled at the cessation of their employment. However, even where the contract is silent on such matters employment rights legislation enacted by the UK Parliament provides for minimum periods of notice. Our experienced lawyers can guide you on such matters.
If, on the other hand, you consider that you have been unfairly or improperly dismissed then it possible to bring a claim before an employment tribunal for unfair dismissal.
Unfair Dismissal Claims Lawyers Ayr, Kilmarnock, Irvine, Dumfries, Stranraer
As a general rule of thumb you must have worked continuously with your employer for more than two years before a claim for unfair dismissal can be competently be brought.
Moreover, any claim for unfair dismissal must be brought within three months of your date of dismissal or it will not be valid.
The law in relation to unfair dismissal is complex. It is vital to obtain expert legal advice at an early stage.
When a claim for unfair dismissal is made by an employee it is for the employer to prove that the employee was dismissed for a potentially fair reason and that in using that potentially fair reason as a reason for dismissal the employer acted reasonably.
Potentially fair reasons for dismissal include:
- Conduct
- Capability
- Redundancy
- Some other Substantial Reason
It is important to note that even if an employer can show that a potentially fair reason exists a dismissal can still be held to be unfair if the procedure adopted by the employer before the dismissal was unfair.
So, if an employee is accused of acting improperly he or she should be called to a disciplinary meeting, offered the opportunity to be accompanied by a colleague or union representative and given the chance to give his or her side of the story.
In a redundancy situation an employer will be expected to consult with employees affected and carry out an objectively fair dismissal process. If an employer fails to do this it could lead to an unfair dismissal claim. Any such claim must be brought within three months of the date of dismissal.
Where an employees health is the potentially reason for dismissal the employer must prove that adequate investigations were carried out into the background of the matter and that the employee was provided with adequate warnings in relation to the consequences of failing to return to work. Am employer must also ensure that they comply with laws relating to disability in the workplace.
Unfair Dismissal Lawyers Ayr, Ayrshire, Dumfries, Kilmarnock and throughout Scotland
If you require advice then please contact us by telephone on 01292 289 584 or via our online enquiry form.
