Unfair, Wrongful or Constructive Dismissal
There are two recognised situations in which you may pursue a claim against your employer regarding your loss of employment: unfair (or 'wrongful') dismissal, and constructive dismissal. Both are considered equally viable complaints and our experienced personal injury lawyers can likely build a compelling case for compensation in either instance.
Wrongful dismissal involves actually being sacked, whilst constructive dismissal cases occur if your employer has deliberately brought about a situation in which you were 'forced' to resign, as a result of impossible working conditions. Examples include making you work in unsafe conditions, forcing you to work nights when you were contracted for day hours alone, or simply refusing to pay you owed wages.
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How to prove Unfair/Constructive Dismissal
One of the most surprising problems that can occur when dealing with unfair dismissal law is proving that you were actually an employee in the first place. That may sound odd, but for you to claim you were dismissed unfairly, you have to initially prove you had a contract, either written or verbal, with the employer.
Suitable evidence could take the form of pay slips, and witnesses willing to testify you showed up for work every day, and did certain things which would suggest you were a person employed by the business in question. This can become complicated in cases where a person is legally defined as being self-employed, despite the fact they earned the bulk of their income by working for one particular employer.
Claims can also be complicated for self-employed individuals who were put in touch with employers via a sub-contractor or agency. The fact cases can become problematic in this manner merely underlines the wisdom of retaining the services of an experienced solicitor, such as those provided by Claims4Free.
There are several reasons your termination of employment can be deemed unfair or wrongful. Dismissal rights in the UK ensure that if a person is fired from their job, there must be a "good" reason for this. Furthermore, termination must be conducted in a certain way.
Obviously, defining whether you have been sacked for a "good" reason is something to be debated during the course of your case, and the more information you provide to your solicitor, the better prepared they will be for any assertions your case is unfounded. You may have been dismissed due to an inability to get along with your colleagues, a perception that your work wasn't of a high enough standard, or due to time off resulting from illness. In such cases, the onus will be on the employer to prove your behaviour had an adverse and unreasonable effect upon their business.
Claiming compensation for unfair or constructive dismissal
If you've worked for the company in question for less than 12 months, this may reduce your chances of making a successful claim, but this doesn't preclude making a claim altogether. The right to fair treatment also exists for those who have been employed for only a relatively short period of time. Some of the reasons which might be considered as unfair include sacking an employee for becoming pregnant, refusing to work overtime or join a trade union, taking part in a strike, or for complaining about work practices and/or health and safety issues.
If you feel you have been unfairly dismissed, call us on 0808 115 0700 today. Our trained advisers will quickly inform you whether or not you appear to have good grounds to seek compensation. If you do, you'll be put in touch with an expert solicitor who'll set about building the strongest possible case on your behalf.
Additionally, the solicitor will work on a no win a fee basis. This means you won't have to pay anything up front, and the decision to seek compensation will be based the fairness of your case alone. If you win your case, most of your legal costs will be covered by the opposing party, and a maximum of 25% of your compensation will be used to pay the rest. Those unlucky enough to lose meanwhile will see the legal costs covered in full by our insurance policy.
Any compensation awarded will be calculated so as to reimburse you, rather than punishing your ex-employer. The amount awarded will cover any financial losses resulting from your unfair dismissal, and the distress and unpleasantness of being treated in an unjust manner will also be considered.
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