Unfair Dismissal and Resignation

Andersons Solicitors’ dedicated team of expert employment lawyers has extensive experience of unfair dismissal claims.

We recognise that our clients can be in very different circumstances in relation to unfair dismissal, from the amicable to the highly acrimonious: some undergoing disciplinary and unfair dismissal procedures that may involve hearings and appeals; others where the unfair dismissal is a feature of discrimination or bullying treatment; and others who may be leaving by mutual agreement, but require our assistance in negotiating the detail of their departure arrangements and severance package.

In all these situations we progress our clients’ interests while providing a personal, thorough and cost-effective service.

Where you have been dismissed in circumstances that are unfair, you may have a claim for unfair dismissal. We will consider your employer’s reasons for dismissing you and the process that has been followed in order to advise you of your rights, how to challenge the unfair dismissal, and what compensation may be available to you. This may be through the Employment Tribunal or via an out of court settlement.

If you are dismissed in circumstances where you can fairly be dismissed, but your employer has not complied with its contractual obligations to you, for example in not paying your full notice pay, you may have a claim for wrongful dismissal.

You may also have a claim in circumstances where the treatment you have experienced from your employer makes it impossible for you to continue in employment, leaving you with no option but to resign. Although not an actual dismissal, a fundamental breach of contract by your employer may amount to what is known as constructive dismissal in these circumstances.

Constructive dismissal claims are complex and can be risky, so it is important to obtain legal advice before leaving your job.

You normally need at least one years’ service to bring a claim for unfair dismissal and claims need to be brought within three months’ less one day from the date of unfair dismissal.

Do you have Legal Expenses Insurance?

A recent survey estimates that almost 17 million adults in the UK have Legal Expenses Insurance – many of whom are unaware that they have it. This is because it is often included free or added into your:

• Car insurance
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• Buildings insurance
• Travel insurance
• Pet insurance
• Other insurance type policies

Sometimes it is added irrespective of whether the policy is held in your name, or that of your partner or a family member. Check to see if you have Legal Expenses Insurance.

Insurers may seek to refer your case to their own panel of Solicitors; however in most cases you have a legal right to choose the Solicitors you prefer. If you require assistance on this we are happy to help.