Unfair Dismissal

If you feel that your dismissal from work has not been handled fairly or followed the rules which are meant to protect employees’ rights, you may be able to take legal action.

Your dismissal could be found to be unfair if your employer doesn’t have a good reason for dismissing you, or has failed to follow the company’s formal disciplinary or dismissal process.

There are many examples of unfair dismissal, including where job loss is as a result of:

Requesting flexible working

Refusing to give up your working time rights – e.g. rest breaks

Membership of a trade union

Taking part in in legal industrial action lasting less than 12 weeks

Taking time off for jury service

Applying for maternity, paternity and adoption leave

Exposing wrongdoing in the workplace (whistleblowing)

Your boss may try to force you to retire – known as ‘compulsory retirement’. In general, this is not allowed unless your employer can objectively justify it and even then the decision can be challenged at an employment tribunal.

You may find that you’re forced to leave your job against your will because of your employer’s conduct. This is known as constructive dismissal and could include:

Not paying you or suddenly demoting you without reason

Forcing you to accept unreasonable changes in the way you work e.g. putting you on night shifts when your contract is only for day work

Allowing other workers to harass or bully you

If you do have a case for constructive dismissal, it is important that you seek legal advice straight away, because by staying silent your employer may try to argue that you accepted the conduct or treatment.

At Mander Hadley our team of helpful and knowledgeable employment lawyers can help you challenge unfair and illegal working practices and behaviour.

Contact us now to find out how we can help you with advice on your employment rights. You are in safe hands at Mander Hadley.