If you have recently been let go from your job and think your employer has treated you unfairly, it’s important to get employment law advice as soon as possible - you may be able to make a claim against your employer.
Though it is always best to have reliable employment lawyers on hand to guide you through an unfair or wrongful dismissal claim, it can also be helpful for you to know a little about how this area of law works. Keep reading this blog from DJP Solicitors to find out more about unfair dismissal.
When can an employee claim for unfair dismissal?
Dismissal is the legal term for being sacked. If you’ve been dismissed in a way that is not legally allowed, you can challenge it. You can only claim for unfair dismissal if:
● You are considered an ‘employee’ - check your employment status to be sure
● You’ve been with the company for two years on a full or part-time basis
However, some dismissals may be deemed ‘automatically unfair’, meaning the two-year rule does not apply and you’re legally protected from the very first day of your employment.
Automatically unfair dismissals explained
It’s always ‘automatically unfair’ if you’re dismissed because you:
● Are pregnant or on maternity leave
● Raised a health and safety issue
● Took part in trade union activities (e.g. strikes) or acted as an employee representative
● Have reported wrongdoing within the workplace to your employer or someone else (known as ‘whistleblowing’
If you have worked for your employer for at least 2 years when your job ends, it’s also automatically unfair if you’re dismissed because:
● The business was transferred to another employer
● You failed to declare a spent conviction
Your employer can still dismiss you if you’re in any of these categories - but it can’t be the reason you’re dismissed.
Retaliation
Dismissal can also be deemed automatically unfair if it happens in retaliation to you asking for something that you have a legal right to, such as:
● paid leave
● a minimum wage
● a written contract
● an itemised payslip
● leave for family reasons including pregnancy or maternity
● a written statement of your terms and conditions of employment
How can employers prove that their dismissal was fair?
In order to prove that a dismissal was fair, an employer must satisfactorily prove that none of the above were contributing factors in the dismissal. They must also show that the manner of the dismissal was reasonable, which often relates to the disciplinary process used by the employer.
Employment claims can be among the most complex areas of law, depending on the details of the case, so you need to find a solicitor who can explain the details of your claim to you and help you complete all the necessary paperwork. You may even need someone to represent you at a tribunal or in a civil court, should your claim go that far.
If you need employment law advice in or near Aberdeen, look no further than DJP Solicitors. Our employment lawyers have a wealth of knowledge and experience, so you can rest assured that you’re in good hands. No matter what type of employment law issue you’re facing, we will always go above and beyond to reach the outcome you deserve. Contact us today to find out more.
Comments