Success Story
Mark" worked for the Prison Services as a Prison Officer. He was charged with excessive force when dealing with a dangerous prisoner. He tried to argue that he did not do so, however the Deputy Governor argued it was the "worst he had seen"
With our help, the Tribunal found the Deputy Governor's account not to be an honest account and that the Governor was not a reliable witness either
We were able to convince the Tribunal that Mark did not use excessive force and it was not reasonable for his employer to find he did so. Mark was found to have been unfairly dismissed. The Prison Service then settled with Mark for an undisclosed sum.
Unfair Dismissal
In order to make a claim for unfair dismissal, you usually need 2 years of employment. However, where you are dismissed for asserting certain rights, or for "blowing the whistle" (protected disclosures), or for complaining about Health and Safety Issues, then there is no minimum length of employment
"Regular" Unfair dismissal
This usually occurs because a failure in procedure. Unfair dismissal can be hard to prove sometimes because a Tribunal does not ask itself whether they would have dismissed, but whether what the employer did was reasonable If you are not offered a fair procedure, or treated inconsistently, or you suspect there is another reason for the dismissal, you should contact us.Constructive Unfair Dismissal
Constructive Unfair Dismissal occurs when your employer breaches your contract so badly that you just cannot work for them anymore. This is very hard to prove and if you have not resigned, but intend to do so, you should definitely contact us for advice. Often, it is a series of things that cause the loss of trust and confidence. The Tribunal will look at those things as well as what you consider to be the final straw and decide if your employer was in total breach of your contractAsserting Statutory Rights
If you raise a grievance (verbally or in writing) or make your employer aware that you consider that "have" breached your employment rights and they dismiss you after that, there is a chance you may have a claim for automatic unfair dismissal You don't need to have 2 years employment for this claim, but not every complaint will count, so contact us for more adviceWhistleblowing
Being dismissed for whistleblowing, otherwise known as making a protected disclosure, is unlawful. A protected disclosure must have some public benefit, ie it cannot be about you only. Just like asserting a statutory right, this claim does not need 2 years service. It is very difficult to prove. If you think you have been dismissed for this, you can make an "interim relief" claim where if successful your employer has to re-employ you or pay you until the hearing. You need to do this very quickly though, so contact us asap.
Where do we cover
We offer expert Employment Law advice and Employment Tribunal representation to Claimants residing across the UK including England, Scotland and Wales.
We offer assistance and representation in all mainland UK Employment Tribunals including London, Watford, Birmingham, Leicester, Liverpool, Manchester, Leeds, Newcastle, Bristol, Cardiff, Ashford, Sheffield and Southampton.
Contact Us
If you have any questions about whether you have been discrimination against at work, you can contact us in a number of ways