Dismissal

All employees with at least one year’s continuous service have the right not to be unfairly dismissed. In some cases this minimum length of service does not apply and you can be liable from day one.

There are only certain specific potentially fair reasons for dismissing an employee and if you do not have one of these, or if you dismiss an employee for certain reasons that are expressly prohibited (e.g. trade union activity) you will automatically be liable for unfair dismissal.

Even if you do have a reason to dismiss, failure to follow the correct procedure and behave fairly will lead to you having to pay damages which could be over £80,000.00 or in some special cases unlimited.

If you are thinking of dismissing someone Rees Page can help you avoid making mistakes that could lead to a Claim. If you are facing a Claim for Unfair Dismissal we can represent you, trying to resolve the matter if it would be in your interests or fighting your corner at the Employment Tribunal.

Whether or not there is a claim for Unfair Dismissal unless you follow the relevant contractual you could be liable for damages for Wrongful Dismissal, which are potentially unlimited. Wrongful Dismissal can also allow the employee to avoid restrictions on their future work activities that were imposed on them by the contract.

A fundamental breach of your employee’s contract can also lead to them resigning and claiming damages for Unfair Dismissal.

Rees Page can advise you on the options and how you can attempt to achieve your objectives without leaving yourself open to a claim.