Dismissal & Redundancy - More Information

- What is a genuine redundancy situation?
- Your employer can only dismiss you if there is a genuine redundancy situation in the business, these situations can include:
  - The business closes an office
  - The business closes completely
  - There is no longer a need for the job you’re doing.
  If the business you work for is not facing any of these situations, we could help you make an unfair dismissal claim.
- What is a constructive dismissal claim?
- You may be able to make a constructive dismissal claim if your employer does something that breaches your employment contract and forces you to leave to company.
  
  Making the decision to resign is a big step and it’s best to get legal advice first. There may be other options available to resolve your issue such as submitting a grievance and going through a mediation process with your employer. This way you wouldn’t have to leave your job.
  
  View our Constructive Dismissal page to see how our Employment team can help in these situations.
- What payment options are available?
- There are a number of ways you can pay for your legal work:
  - Hourly rate – this is how most of our cases are funded. You only pay for the time you use.
  - Agreed fixed fees – in more complex cases it might be more cost effective for us to agree a fixed fee for your work.
  - Legal expenses insurance – this is legal cover that’s often a bolt-on to home insurance. It’s worth seeing if you have this as it may cover some or all of your legal fees.
  - Trade union membership – if you’re a member of a union, they might have something in place that pays your legal fees if you have an employment dispute.
  - Your employer – in some instances your employer may pay some of your costs (this can be the case if you are negotiating a settlement agreement).
  - Third party funding – this is where someone who isn’t directly involved in your case agrees to pay your costs.
  - Crowd funding – it may be possible to crowd fund your case using the CrowdJustice website (particularly if it’s of public interest).
  We can review your options in an initial meeting and let you know how to best pay for your case.
  
  It’s best to have any relevant membership/insurance documents to hand, as they will help us to understand any cover you already have.
- What reasons can my employer use for dismissing me?
- There a five reasons where an employer can dismiss you. These are based on:
  
  1. Your capacity to do your job
  
  2. Your conduct at work
  
  3. The business facing a redundancy situation
  
  4. Your continued employment breaks the law
  
  5. Another substantial reason that depends on the facts of your individual case.
  
  It’s important to get legal advice if you think your employer is not treating you fairly. Our solicitors can help identify if you can make a claim against your employer for an unfair dismissal.
  
  Call us today on 0207 650 3999 or contact us online.
- What will happen if my claim is successful?
- If your claim is successful in an Employment Tribunal or court, the outcome could be:
  - Compensation
  - Declaration of your rights
  - A recommendation to your employer to stop the discrimination from happening again.
  The compensation you receive will depend on your individual case and circumstances. In most cases, your compensation will reflect:
  - Loss of earnings
  - Emotional distress you suffered from the situation.
  If we settle your claim through negotiation, we may be able to get a reference and an apology for you, as well as a settlement agreement and terms which protect your reputation. Reaching a settlement this way can be less stressful than going to court or the Employment Tribunal. In our experience it’s also likely that you’ll receive a more favourable compensation settlement through negotiation.
  
  Contact our team online or call 0207 650 3999 to discuss your situation and we can advise on a way forward.