Dismissals

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Are you worried that you've been subject to unfair dismissal by your employer?

You may feel you have been unfairly dismissed if you are shocked at the decision, or you are unsure of why you have been dismissed.

If this is the case, then you should seek advice as soon as possible so that the situation can be addressed, and you can be fully informed of your rights. No two cases are the same, so it is important that you consult expert advice to establish better your individual circumstances are likely to be found to be unfair.

There are a number of reasons why you could have been unfairly dismissed. If you suspect that your employer hasn’t given you a valid or true reason for your dismissal, then it could have been due to one of the following:

  • You asked for more flexible working hours
  • You became a member of a trade union
  • You took part in a legal service which you were legally required to attend, such as jury service
  • You applied for maternity or paternity leave or exercised some other ‘family friendly’ right
  • You were forced to take compulsory retirement
  • You exposed wrongdoing or malpractice in the workplace
  • Your employer’s business was recently taken over

If you suspect that any of those reasons played a part in your employer’s decision-making, then you may have the right to claim that your dismissal was ‘automatically unfair’, and you should certainly take advice.

Constructive Dismissal

While at work, your employer is responsible for ensuring that you are not subject to any treatment that makes your working life unbearable. If you are subject to such treatment, you must try not to suffer in silence as if you do nothing about the problem, then you may lose the right to do anything about it.

If you have enough evidence to prove that you received unfair treatment, you may be able to make a claim for constructive dismissal. If you feel that the behaviour of another person in your workplace has been unacceptable, forcing you to resign from your position, you may have been a victim of constructive dismissal.

Workplace Discrimination

Workplace discrimination is regulated by the Equality Act 2010 to protect employees with ‘protected characteristics’ from unfair treatment. Workplace discrimination comes in many forms and can often be classed as harassment or victimisation due to a particular protected characteristic.

The following can all be examples of discrimination in the workplace:

  • Age discrimination
  • Disability discrimination
  • Maternity discrimination
  • Paternity discrimination
  • Race discrimination
  • Religious or belief discrimination
  • Sex discrimination
  • Sexual orientation discrimination

Workplace discrimination cases can be highly complex. It is essential that you seek legal advice and representation as soon as possible if you are concerned about your treatment at work and believe you are being unfairly discriminated against.

Next steps

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