If you feel that you have received unfair treatment at work or believe you have been unfairly dismissed, it is natural to want to take action. Often it is possible to resolve workplace disputes directly with your employer but if you have already tried this and failed, you may decide to take your employer to an employment tribunal. If this is the case, we can provide all the legal advice and support you will need throughout the process.
Farnfields have many years of experience in advising clients in claims and defending unfair dismissal and wrongful dismissal claims at the Employment Tribunal.
The Employment Tribunal was originally designed for the respective parties to attend to resolve an employment dispute without the need for lawyers. However, over the decades the law and process has evolved so that both claimants and defendants can often find it beneficial to instruct a lawyer at certain points of the process, or even throughout the whole case.
Unfair Dismissal, Wrongful Dismissal or Constructive Dismissal
Every employee with 2 years, or more, service has the right not to be subject to an Unfair Dismissal. If there is a dismissal, then the employer must be able to justify that demonstrating that the dismissal comes under one of the categories of reasons set out in the Employment Rights Act 1996.
Wrongful dismissal is different from Unfair Dismissal. If the employee is dismissed in breach of the express or implied terms of his employment contract, then that is termed Wrongful Dismissal. The most common type of Wrongful Dismissal claims are where there has been a failure by the employer to pay the correct notice period amount.
When the employer does not dismiss the employee but the employee resigns and can show they were entitled to do so because of the employer’s breach of contract; that is termed Constructive Dismissal. A Constructive Dismissal may be an Unfair Dismissal or a Wrongful Dismissal.
Employment tribunals are usually made up of a panel that includes an employment judge and two non-legal people who have business experience. A tribunal can be used to address a wide number of issues ranging from discrimination in the workplace to unfair dismissals. Both the employer and the employee may use witnesses to provide supporting evidence and after hearing the case, the panel will reach a decision which is legally binding.
At Farnfields Solicitors, our knowledgeable employment law solicitors are here to support and guide you throughout the entire process. We will explain how best to present your case and will ensure you are fully prepared for the hearing – supporting you with everything from documentation to obtaining witness statements. We will clearly outline your options and help you to decide if a tribunal hearing is the right course of action for you. We will make sure you are represented fairly throughout the tribunal hearing and will ensure that you always understand what is happening at every step.
However you decide to proceed, it is important to seek legal advice as soon as possible. You only have three months from the date of your dismissal or the date the unfair treatment last occurred to make an application for a tribunal hearing.
At Farnfields Solicitors we believe in speaking plain English and always explain everything in straightforward terms. We are on hand to answer any questions you may have. So for expert, confidential, friendly advice about employment law and workplace disputes, contact us today.