Dismissals

When a company needs to take action to terminate a staff members' contract, the business must ensure they do it in the right way. If they don't, this could result in Employment Tribunal claims and awards of compensation being made against them.

Talk to the experts at Forbes Solicitors today for advice and support concerning dismissal claims and employment law compliance.

Terminating an employee's contract of employment has the potential to lead to three main claims:

  • wrongful dismissal
  • unfair dismissal
  • the right to a redundancy payment (see Redundancies, Lay-Off and Short-time working for further information)

Wrongful dismissal is a claim which workers or employees can bring based on the fact that the employer terminated their employment in breach of contract. The most common type of wrongful dismissal claim is in respect of a failure to pay notice pay. We can advise you on the ways in which your contracts of employment allow you to terminate your employees' employment without encountering wrongful dismissal claims in the Employment Tribunal.

Unfair dismissal is a claim which can only be brought by employees. In order for an employee to bring an unfair dismissal claim, they must have at least 2 years' continuous service with their employer (or 1 year's service if their employment began before 6 April 2012).

In assessing the fairness of a dismissal, the Tribunal will look at whether the employer had a fair reason for dismissal and whether the employer followed a fair procedure.

As an employer, you must be able to show that a dismissal comes within one of the following potentially fair reasons set out within the Employment Rights Act 1996:

  1. Capability
  2. Conduct
  3. Redundancy
  4. Illegality
  5. Some other substantial reason ('SOSR') justifying the employee's dismissal.

Constructive dismissal is a form of unfair dismissal. An employee is deemed to have been constructively dismissed if he terminates his own contract by reason of his employer's unreasonable conduct, which amounts to a fundamental breach of contract. There can either be a single fundamental breach, or a series of incidents that cumulatively form a breach.

Forbes Solicitors' Employment law team can provide you with expert advice on the correct procedures to take to avoid, or successfully defend a claim. We can also represent you in wrongful and unfair dismissal claims at the Employment Tribunal. Please call Forbes Solicitors on freephone 0800 689 0831 or contact us by email for further information.

Get in touch

Get in touch to see how our experts could help you.

0800 689 0831

We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.

Jayne Mizon
HR Manager
Kepak Convenience Foods

More clients

We approached Forbes Solicitors on a recommendation because as a small independent organisation we needed clear guidance and backing on HR matters.

Stephen Neaves
Manager
Piccadilly Garden & Support Service

More clients

The Forbes team were fantastic, the work and effort they put in was impressive and I was made to feel at ease throughout the proceedings. I can not thank the Forbes team enough

Peter Morley

More clients

Without doubt Jonathan Holden is like a security blanket. He understands that schools need to act in the best interest of school as a whole

Brenda P Allen
FCIPD

More clients

Jennifer was great and worked beyond the call of duty. No faults.

James Darby

More clients

I will keep promoting you and your services because I'm fully committed to the quality of your work and the impact that it has in school.

Sharon Asquith
Principal
Ashton Community Science College

More clients

Amy Stokes was more than helpful throughout the whole process - Thank you Amy.

Stephen Fielden

More clients

Forbes are proactive in relation to changes in legislation and keep me informed via regular seminars, updates and bulletins.

Nicola Watson
Business Support Manager
Birchall Catering Supplies Ltd

More clients

I have always found everyone at Forbes to be approachable, helpful and professional, and would have no hesitation in recommending them to any other business

Catherine Ogden
Commercial Director
E A Foulds Limited

More clients

May I say how much the employment team at Forbes have helped Samlesbury Hall with staff issues over the past ten years.

Sharon Jones
Hall Director
Samlesbury Hall

More clients

...we have found Forbes to be an excellent team of people to work with, fully understanding our needs and goals.

Landon Helsby
Managing Director
Apeks Marine Equipment Ltd.

More clients

Make an enquiry