Defending an Unfair Dismissal Claim
Employment tribunals apply strict rules to determine the fairness or unfairness of a dismissal. As part of the process they scrutinise the fairness of the employer’s procedures. It is all too easy to dismiss an employee for a ‘morally’ just reason, but still be tripped up in a tribunal because of poor procedures.
Additionally, the inevitably high cost of defending a claim means that the employer has lost out financially from the moment unfair dismissal proceedings are brought against them, regardless of the eventual outcome.
This is why Ralli places great importance on dealing with disputes at an early stage. Better still, paying diligent attention to your dismissal procedures dramatically reduces the risk of a claim occurring in the first place.
There are certain circumstances where an employee can claim unfair dismissal without having accrued a minimum period of service, so we recommend following correct procedures at all times.
An employee who has worked in a business for 2 years or more has the basic right not to be unfairly dismissed from their job.
Dismissals can take one of two forms:
Express – an employee is told they have been dismissed
Constructive – an employee resigns in response to something serious the employer has done or failed to do
Unfair Dismissal advice from Ralli
Ralli specialises in helping businesses defend unfair dismissal claims and drafting robust processes that aim to prevent them from occurring in the first place.
Don’t leave it until it is too late. Call our unfair dismissal solicitors on 0161 615 0655 or complete the online form below.
Clients who subscribe to our ABC scheme benefit from unlimited assistance with internal disciplinary and grievance procedures.
Find out more on our Employment Law page.