A dismissal depending on the circumstances may be fair or unfair. When there is a dismissal the onus is on an employer to show that the reason for dismissal falls into one of the categories set out in the Employment Rights Act 1996. To be able to claim unfair dismissal generally an employee should have worked for an employer for at least one year if the commencement of the employment was before 6 April 2012 or two years on or after this date.
Wrongful dismissal is normally due to an employer falling to give proper notice or without notice to an employee before the termination of employment in breach of contract or statutory obligation. An employee must be able to establish that dismissal was in breach of contract or with less than the statutory minimum period of notice and there is a loss suffered as a result.
There is a 3 months’ deadline from the date of the termination of employment to bring a claim to an Employment Tribunal for unfair or wrongful dismissal.
Here at Tulips Solicitors, our expert team of employment lawyers can advise and guide you throughout your matter.
If you have a query related to unfair or wrongful dismissal and you would like to speak on a confidential basis please call us on 020 7263 3311, or send an email to:.