Unfair Dismissal Solicitors - UK Lawyers

A claim for compensation in the Employment Tribunal is most often dealt with by a specialist unfair dismissal solicitor using the no win no fee scheme. The effect of the no win no fee scheme known technically as a conditional fee agreement (CFA) is that the unfair dismissal solicitor will only get paid any legal fees for time spent on the matter if the case is won and the client is awarded compensation. Any lawyer, who enters into a CFA with a client, has a vested interest in winning the claim and as such will leave no stone unturned in his quest to pin liability on the employer.

Citizens Advice Bureau

Not all applicants to the Employment Tribunal use the services of an unfair dismissal solicitor. A small number of knowledgeable applicants successfully deal with matters on their own behalf or may be represented by a lay person who is often an experienced representative from the Citizens Advice Bureau or may be a specially trained trade union lay advocate. In most cases an employer will be represented by a specialist employment lawyer or a similarly qualified barrister and it will be to your advantage to be also represented by an unfair dismissal solicitor using the risk free no win no fee scheme to ensure a level playing field.

Specialist Lawyers

Employment law is complex and extremely fast moving discipline which, whilst being controlled by a number of important regulations and statutes, is subject to change on a regular and frequent basis as a result of the interpretation put on the legislation by case law usually emanating from the Employment Appeal Tribunal (EAT). Our unfair dismissal solicitors are specialist who only deal with Employment Tribunal and EAT cases and as such it is incumbent on them to keep their knowledge fully up to date.

Statutory Protection

Our unfair dismissal solicitors have specialist knowledge of the following employment statutes:-

• Sex Discrimination Act
• Equal Pay Act
• Employment Equality Regulations
• Race Relations Act
• Sex Discrimination Act
• Employment Rights Act
• EC Equal Treatment Directive
• Protection From Harassment Act

Appeals

What ever the outcome of the initial hearing before the Employment Tribunal it is possible for the decision to be appealed. A decision of the Employment Tribunal can be appealed to the Employment Appeal Tribunal only if the law has been incorrectly interpreted or applied or if the decision of the Employment Tribunal is one which no reasonable tribunal could possibly have reached. It is possible for the Employment Appeal Tribunal to admit further evidence if that additional evidence was not available at the time the matter was first heard. For applications due to be heard before the Employment Appeal Tribunal it is essential that the appellants case is prepared by an experienced unfair dismissal solicitor and that the appellant is represented by an experienced barrister. Legal aid is available for appellants to make application to the Employment Appeal Tribunal.

Unfair dismissal

Termination of employment must be fair and reasonable and except in cases of very offensive behaviour, warnings must be issued to the offender. The five permitted reasons for dismissal are unacceptable conduct, inability to do the work, redundancy, illegality or some other substantial reason.

Constructive Dismissal

This type of termination of employment is a form of unfair dismissal. Constructive dismissal is due to breach of the contract of employment by the employer which is unacceptable to the employee and effectively forces the employee to resign.

Redundancy

Occurs if the business closes down, or if there is reduced need for workers of the employee's type. An employee with more than two years service is entitled to compensation. A redundancy may be deemed to be an unfair dismissal if proper procedures are not followed.

Race discrimination

The Race Discrimination Act protects employees who are discriminated against on the grounds of race, colour, nationality, ethnic and national origin and some religious groups.

Sex discrimination and harassment

The Sex Discrimination Act 1975 protects employees against sexual discrimination, sexual harassment and victimisation.