What Is An Unfair Dismissal?

Unfair dismissal involves the termination of your employment contract without fair justification. When your employer sacks you without any good reason, this is termed as unfair dismissal. Unfair dismissal also comes in when your employer doesn’t follow the company’s dismissal procedures during your dismissal. The law protects you during such eventualities.

Refusal to part with working time rights can cause friction between you your employer. For instance, your employer may demand that you give up your rest breaks. Failure to do so may result in you losing your job. This is regarded as an unfair dismissal. This can also happen when you ask for flexible working.

Your employer may not be okay with you joining a trade union. Employers may be uncomfortable having unionised employees. You may eventually find yourself on the receiving end. Getting sacked because you joined a trade union is unfair.

The working environment has its ups and downs. A time may come when you want to resign. You may follow the right procedures during your resignation. You may serve your employer with the needed notice period. Yet, your employer may take it upon him or herself to dismiss you. This is an unfair practice.

Compulsory retirement can also be classed as unfair dismissal. This occurs when your employer forces you to retire. This type of retirement needs to be objectively justified by your employer. Otherwise, it falls under unfair dismissal and can be challenged in an employment tribunal.

Your employer may not be comfortable receiving applications for paternity, maternity as well as adoption leave. This may happen even though you are entitled to them. He or she may choose to dismiss you for making an application or going on leave.

An employer can dismiss you without any good reason. This is termed as unfair dismissal. Whistleblowing of wrongdoings within the workplace may also land you in trouble. An employment tribunal can come in handy during such times. It can help you get justice for being unfairly dismissed.

What Is An Employment Tribunal?

An employment tribunal is an independent body that is established to protect employment rights. As employment solicitors in Bristol we often are asked this question. This judicial body’s role is to amicably resolve employment disputes between employees and employers. Issues such as discrimination, harassment, unfair dismissal and unequal pay are heard within employment tribunals.

Hearings in an employment tribunal are usually open to the general public. Evidence and testimonies within this tribunal are given under oath. Less formality is exercised within an employment tribunal as compared to a court. For instance, no gowns or wigs are worn during sessions of this tribunal.

Work-related legal claims are heard in employment tribunals. Judges within these tribunals are adequately qualified to tackle employment matters. Lay members within the panel usually represent both the plaintiff and the defendant. The employer and employee are hereby represented in the panel. Impartiality is required from the members of this panel.

A single employment judge can hear many types of employment cases. Unfair dismissal, unpaid wage claims and redundancy pay claims are some of the matter that can be handled by a single tribunal judge. A full panel of judges is compulsory when hearing discrimination claims. Three judges are required for such cases.

An employment tribunal judge has the discretionary privilege of ordering a claim to be heard by a full panel. Such hearings involve three judges. However, full panel hearings are not common.

The process of filing an employment matter with an employment tribunal is referred to as making a claim. Time limits need to be observed when making a claim. You have three months less one day to make a claim with an employment tribunal. This time limit is from the day when the incident occurred or when your employment ceased. Six months is the time limit granted for equal pay and redundancy pay cases.

Claims can be made through post, telephone or online. 28 days are given by the employment tribunal allowing the defendant to reply in writing following the making of a claim. The ruling of a tribunal hearing may be made immediately after the hearing of a case. It may also take several days or weeks.

The main aim of setting up employment tribunals was to provide speedy and cheap resolutions to employment cases. The decisions that are reached by these tribunals are legally binding. Both parties within the suit need to follow decisions reached by this tribunal.

An employment tribunal is critical when resolving employment issues. This tribunal can help you get the justice that you require when your rights are violated. The legal interpretation of employment laws is also provided by an employment tribunal.

The Role Of An Employment Solicitor

A lot of complexities and confusion come with employment laws. An employee or a group of employees may require the help of an employment solicitor to iron out employment issues. An employment solicitor has the relevant training and experience needed to resolve such issues.

During certain situations in the workplace, you may need to communicate formally. An employment solicitor can help with such communication. He or she can help you draft formal letters such as appeals, resignation and grievance letters.

Adherence to employment laws is compulsory within the workplace. When you feel that your employment rights are being infringed upon, you need to seek the help of an employment solicitor. Assistance can be provided thereby making sure that your employment rights are not violated. Some of the grievances that you may have against your employer include:

• Unfair/Wrongful dismissal
• Breach of contract
• Equal pay
• Age discrimination
• Workplace accidents and injuries
• Settlement agreements
• Race discrimination
• Bullying or harassment

An employment solicitor can also help you when your employment dispute was not fairly settled. Resolutions to such cases are usually taken to the Employment Tribunal. This tribunal is the last option when an employer and employee don’t amicably settle their grievances. Legal advice and representation can be sought from an employment solicitor during such times.

Still, an employment solicitor can come in handy in providing an employer with legal advice. This can help an employer abide by employment laws. An employment solicitor can offer fair and legal ways of going about disciplinary procedures.

An employment solicitor needs to take a proactive approach to ensure that your employment issues are resolved. He or she should be able to look for practical solutions to your problem. In-depth knowledge of employment laws is required. This is critical when it comes to you winning your case. An employment solicitor can offer legal advice as well as represent you in employment standoffs. These standoffs may be against your employer or even colleagues.