Wrongful Dismissal

If an employer dismisses someone without giving notice, in most cases it will be wrongful dismissal. Wrongful Dismissal Wrongful dismissal is where an employer who dismisses someone without contractual or statutory notice will be in breach of contract, and liable to pay compensation. Usually the employer’s liability will be limited to payment of salary inContinue reading “Wrongful Dismissal”

Constructive Dismissal

A constructive dismissal is where an employer behaves in such a way that the employee can resign and say they have been dismissed because of the employer’s behaviour. Constructive Dismissal When an employee resigns in circumstances where they believe they are entitled to treat the contract as brought to an end by a fundamental breachContinue reading “Constructive Dismissal”

Unfair Dismissal

An employee who has completed more than two years of continuous employment is protected from unfair dismissal. Unfair Dismissal Claims Employees who are dismissed may be able to make a claim to an employment tribunal alleging unfair dismissal. An employee who has completed more than two years of continuous employment is protected from unfair dismissal.Continue reading “Unfair Dismissal”

Right To Be Accompanied

Workers have a right to be accompanied by a fellow worker or trade union official at certain disciplinary or grievance meetings. Right To Be Accompanied At Disciplinary Meetings Workers have a statutory right to be accompanied by a fellow worker or trade union official where they are required or invited by their employer to attendContinue reading “Right To Be Accompanied”

Disciplinary Procedure

An employer’s rules for disciplinary decisions should be set out in a disciplinary procedure which should be used before an employee is dismissed to show the dismissal was fair. Disciplinary Rules To be able to fairly dismiss an employee for a breach of discipline an employer should have in place a disciplinary procedure. If theContinue reading “Disciplinary Procedure”

Employment Settlement Agreement

Employees have to seek independent legal advice before signing a settlement agreement with their employer. Settlement Agreement An employment settlement agreement is a binding written agreement between an employee and employer to settle a potential employment tribunal claim. Employees have to seek independent legal advice before signing a settlement agreement. Normally, any type of agreementContinue reading “Employment Settlement Agreement”

Dismissal From Employment

If the employer ends the contract it is a dismissal. Employment can usually only be terminated by a period of notice from either side. What Is A Dismissal? If the employer ends the contract of employment it is a dismissal. Unless an employee is contracted to work for only a specific fixed period or theirContinue reading “Dismissal From Employment”