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If you feel you’ve been unfairly dismissed, or would like to know more around your rights in the disciplinary or grievance procedure, we will be able to advise or help prepare you for the best course of action.
Dismissal happens when the employer sacks someone or fails to renew a fixed term contract on the same terms or there is a “constructive dismissal” where the employee leaves and treats herself as dismissed on the basis of a fundamental breach of contract by the employer.
Except for special cases called “automatically unfair” dismissals an employer can avoid a successful claim by showing that it acted reasonably in dismissing for one of the following grounds:
- ‘Some other substantial reason’
- Retirement (but the default retirement age is due to be abolished by October 2011)
Save for some limited exceptions employees cannot bring a claim for unfair dismissal unless they have at least one year’s continuous service.
Disciplinary & Grievance Procedures
The proper handling of disciplinary and grievance situations in the workplace is essential not only because many issues can be resolved quickly and informally but also to prevent expensive claims and an unhappy workforce. Failure by the employer or employee to follow the ACAS Code of Practice can result in awards of compensation being increased or decreased by the Employment Tribunal by up to 25%.
To help you get a full understanding of your options please get in contact with one of our expert lawyers for a free initial no obligation discussion to ensure you get the best outcome, at the right cost. Please visit our Payment Options page for more details on costs.
See also our Employment fact sheet (PDF).