Avoiding unfair dismissal claims
We are experienced in handling dismissals in many different circumstances – from issues arising at an early stage, which need to be handled carefully to ensure that there is no discrimination, to the termination of employment of a long standing member of staff who is no longer performing as they should.
If you are considering dismissing an employee there are some questions which you need to ask yourself:
Does the employee have sufficient qualifying service to bring a standard claim of unfair dismissal?
If not: Are there any other grounds for a claim that do not require a certain amount of service?
If so: Do you have a fair reason for dismissal?
In order to you fairly dismiss an employee, you generally need to follow the following formula:
Concerned about constructive dismissal?
If an employee has resigned following raising a grievance, or made a detailed complaint in their resignation letter explaining that they feel they have no choice but to resign, a constructive dismissal claim could be on the way.
Complementary initial consultations with our specialist employment lawyers are provided with no obligation to proceed.
Concerned about giving a reference? Click here for our reference giving guide: https://murrellassociates.co.uk/employer-guides-should-i-give-a-reference/