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Facing unfair dismissal from your job can be an emotionally and financially challenging experience. It’s important to know that you have legal rights and options to seek justice. Unfair dismissal solicitors specialise in assisting individuals who believe they have been wrongfully terminated. In this blog post, we will explore the concept of unfair dismissal, the rights of employees, and how skilled unfair dismissal solicitors can help you navigate the legal process to protect your rights and seek appropriate compensation.

1. Unfair Dismissal: A Closer Look

Unfair dismissal is a contentious issue that has significant legal implications within the realm of employment law. It occurs when an employer terminates an employee’s contract in a manner that is considered unjust or discriminatory. In such cases, the rights protected by employment law come into play, aiming to ensure fair treatment and protection for employees. By examining various situations that may constitute unfair dismissal, we can gain a deeper understanding of this complex issue and its implications on both employers and employees alike.

2. The Role of Unfair Dismissal Solicitors

The role of Unfair Dismissal Solicitors is crucial in helping individuals who believe they have been wrongfully dismissed from their jobs. These solicitors specialise in employment law and provide professional guidance, support, and representation throughout the unfair dismissal process. Some key roles and responsibilities they fulfill include case evaluation, legal advice, building a strong case, representation, maximising compensation and remedies and expert knowledge and experience. Their expertise and advocacy ensure that you have the best possible chance of achieving a fair outcome and obtaining the justice you deserve.

3. Understanding Your Rights as an Employee

Understanding your rights as an employee is a critical aspect when it comes to addressing unfair dismissal. It involves gaining an overview of your employment rights and the protections afforded to you under the law. Key legislation, such as the Equality Act 2010 and the Employment Rights Act 1996, establishes the foundation for fair treatment in the workplace and prohibits unfair dismissals. To prove unfair treatment and establish a strong case, it is essential to gather evidence that demonstrates a breach of your rights. This may include documenting instances of discriminatory behavior, improper procedures, or a lack of valid grounds for dismissal. By understanding your rights and the legal framework surrounding unfair dismissal, you can effectively navigate the process of building a robust case and seeking appropriate remedies.

4. The Unfair Dismissal Claim Process

The unfair dismissal claim process involves a step-by-step guide to filing a claim and seeking redress for unfair dismissal. Understanding the process is essential for ensuring that you meet the necessary time limits and requirements. Initiating a claim typically involves submitting a completed claim form to an employment tribunal within the specified time frame, which is usually three months from the date of dismissal. It is crucial to gather and organise relevant evidence to support your case, such as employment contracts, disciplinary records, witness statements, and correspondence. Thoroughly preparing for the tribunal involves reviewing and organising your evidence, identifying key arguments, and considering any legal precedents that may be applicable. By familiarizing yourself with the claim process, adhering to time limits, and diligently gathering evidence, you can strengthen your case and present a compelling argument for unfair dismissal.

5. Remedies for Unfair Dismissal

Remedies for unfair dismissal encompass a range of potential outcomes and resolutions for successful claims. If your claim is successful, you may be entitled to various remedies depending on the circumstances of your case. One common remedy is financial compensation, which aims to compensate you for the losses suffered due to unfair dismissal. The calculation of compensation takes into account factors such as your age, length of service, and the impact of the dismissal on your future earnings. In some cases, reinstatement, where you are reappointed to your previous position, may be ordered. Alternatively, re-engagement, where you are offered a similar position within the same organisation, may be considered. The specific remedy awarded will depend on factors such as the feasibility of reinstatement or re-engagement and the preferences of the parties involved. It is important to note that compensation orders can vary greatly depending on the circumstances, and seeking the guidance of legal professionals can help you understand the potential remedies available and pursue the most appropriate outcome for your unfair dismissal claim.

6. Benefits of Hiring Experienced Unfair Dismissal Solicitors

Hiring experienced Unfair Dismissal Solicitors offers a multitude of benefits when navigating an unfair dismissal claim. These legal professionals possess the expertise to assess the strength of your case accurately. They meticulously evaluate the circumstances surrounding your dismissal, analyse the evidence, and identify legal issues that can significantly impact your claim. With their in-depth knowledge of employment law, they provide expert advice and guidance throughout the entire process. They explain your rights, inform you about the available legal options, and help you make informed decisions. By leveraging their experience, Unfair Dismissal Solicitors maximise your chances of achieving a successful outcome. They develop a comprehensive strategy tailored to your unique circumstances, build a compelling case on your behalf, and skillfully present your arguments in negotiations or tribunal proceedings. Their advocacy and representation ensure that your rights are protected and that you have the best possible chance of obtaining the justice and fair treatment you deserve.

7. Additional Employment Law Services

In addition to handling unfair dismissal cases, experienced Unfair Dismissal Solicitors can assist you with a range of other employment law matters. They have the expertise to navigate complex areas such as redundancy, discrimination, and harassment claims. If you believe you have been unfairly selected for redundancy or subjected to discriminatory or harassing treatment, these solicitors can guide you through the process of filing a claim, gathering evidence, and advocating for your rights. Moreover, they can provide valuable assistance with contract reviews and negotiations, ensuring that your employment contracts are fair, legally sound, and protect your interests. Whether you require guidance on your redundancy rights, need to address workplace discrimination, or seek assistance in negotiating a favorable employment contract, Unfair Dismissal Solicitors offer comprehensive expertise in a range of employment law matters, helping you secure the fair treatment and just outcomes you deserve.

Conclusion

If you believe you have been unfairly dismissed from your job, seeking the assistance of experienced unfair dismissal solicitors is crucial. They possess the knowledge and expertise to evaluate your case, guide you through the legal process, and fight for your rights. Remember, you don’t have to face the challenges of unfair dismissal alone. Contact our team of dedicated unfair dismissal solicitors at Martin & Co Solicitors to protect your rights and pursue the justice you deserve.

The current economic recession is making life difficult for businesses of all sizes. Specialist employment solicitors in Manchester should be firmly considered regardless of the financial circumstances, especially if you are planning to cut the number of your personnel or review contractual terms and conditions. Consequently, if you need advice about employment law, the following are a few pointers on what to look for:

• Competitive legal service pricing

It is common sense that you would want to get your money’s worth out of any professional guidance you pay for. Finding the cheapest option can be risky, though. If you are offered a particularly low estimate of expenses for a legal service, it may be because the person providing the service needs more relevant experience. There are a lot of companies offering employment law services, who are not actually qualified employment law solicitors. If you use specialist employment law solicitors like us, they can offer a higher level of expertise and experience, and they will also be adequately insured and have a well-established complaints mechanism. If you are looking for a retainer agreement, a solicitor’s employment law protection scheme will have shorter fixed term ( probably one year) whereas most non-legal businesses, whereas most non solicitor providers tie you in for multiple years.

• Risk Management Expertise

First, they will do what amounts to a health check of your HR processes through a “risk management audit”. An employment law solicitor will examine your company’s paperwork, identify potential weak spots, and recommend solutions.

• Regular Helpful Advice

Solicitors will provide bespoke advice and solutions to your problems rather than giving you generic guidance. They will appreciate that no two situations are the same.

• Company Handbook

If you have chosen an employment legal expert wisely, they will also provide you with a comprehensive company handbook. This covers a wide range of HR best practices, such as fair procedures for recruiting and absenteeism, advice on writing employment contracts, and a bank of more than a hundred sample letters and forms.

•  Legal Expenses Insurance

It’s even possible to take out insurance to cover you should a claim be made to the employment tribunal.

Conclusion

Solicitors who focus on employment law are called “employment law solicitors.” They frequently face a wide variety of employment-related legal challenges. An employment solicitor in Manchester is a lawyer who specialises in labour and employment law. Both employees and businesses can seek advice or representation from them on topics such as discrimination, redundancy, and unfair dismissal in the workplace.

Any business with employees or individual will inevitably need legal representation at some point. The reason for this is that many problems and issues in the workplace are too complex to tackle without the assistance of employment lawyers.

Using employment solicitors in Manchester is a practical solution due to the many complex employment laws, and the frequent decisions of courts and employment tribunals.

Here are some of the reasons why it’s important to hire employment solicitors from time to time:

• Pathfinder Through the Legal Minefield

 It may seem next to impossible for an ordinary person to understand employment laws and decipher the legalese. The best way to get a layman’s explanation of employment law is to retain the services of an employment lawyer. This should pave the way for an employer and an employee to take effective action.

• Relevance

A businessperson with zero legal training may feel overwhelmed by the complexity of employment law and the need to handle a case in a certain way. An employment law expert will know which facts and documents are relevant and will be able to navigate their way through the process to reach a successful conclusion.

• Responding To Allegations

With the assistance of an employment lawyer, an employee can vigorously refute any claims or allegations made against them. The correct initial response can significantly aid an employee’s ability to avoid disciplinary action and even dismissal. 

Workplace problems are common due to unfair treatment, misconduct, or discrimination. If your employer has accused you of such activity, you must respond to those accusations in the correct manner and as soon as possible. A reliable and skilled employment lawyer is the ideal ally in such a precarious situation.

• Strategic Advice

An employment lawyer can provide legal assistance for any problems that arise in the workplace. They are well-versed in the many nuanced areas of employment law. Employment lawyers can efficiently navigate all the complex areas of employment law due to their extensive experience of handling similar cases. They have seen similar topics before so that they can quickly evaluate the best course of action in the law.

• Reasonable Fees

The allegations against you may be completely baseless. However, only an employment lawyer can tell you if the problems you’re encountering have no basis in law. When an accusation or complaint against you is made, it can be beneficial to retain the services of a reputable employment lawyer to help you through the process and ascertain the options that you have and how best to respond.

We can agree fixed fees for most things, so legal costs will be transparent, and usually won’t cost the earth.

Conclusion

Making snap decisions can have long-term repercussions. Having a skilled legal adviser on your side is crucial when facing serious accusations. To make sense of the maze of employment laws and regulations, you should seek the counsel of seasoned employment solicitors in Manchester.

Martin & Co recently acted for a special needs teacher who was dismissed for allegedly force feeding a student. Evidence from the various witnesses was conflicting, however the Manchester Employment Tribunal found that no reasonable employer would have found the allegations proven, and accordingly they found that she had been unfairly dismissed. This led to a compensation payment of over £54,000. More importantly, our client was able to clear her name, which means that she can now continue with her teaching career. This was a notable success for us, particularly as our client’s insurer initially declined to pay her costs, saying that the case did not have reasonable prospects. We, however, convinced them otherwise, which meant that they then agreed to pay our costs.

The Supreme Court decided in July 2017 that the practice of charging court fees of up to £1200 to make a claim to the Employment Tribunal was unlawful, and therefore the requirement to pay a court fee to start a claim or have it listed for a hearing ceased immediately. This was an extremely significant judgement as the fees system, which had been in place since 2013, had caused the amount of Employment Tribunal claims to drop by over 70 %. UNISON had brought the case on behalf of their members.

Martin & Co have recovered £198,000 in compensation for 9 van drivers who were never paid any holiday pay because they were classified as self employed. However Martin & Co argued that they were “workers” under the Working Time Regulations and that they should have received holiday pay throughout their contracts.

The claimants were delighted with the outcome and praised Martin & Co’s John Martin and Sal Choudhury for their expertise in recovering such a large sum.

Martin & Co have been rated as one of the north west’s leading employment law firms for the eleventh year in a row by the prestigious Legal 500. In achieving this accolade we beat off the competition of much larger firms.
John Martin was singled out for particular praise being described as “knowledgeable, commercial and offering practical advice”.

We recently secured £125,000 of compensation for six former employees of a well known firm of solicitors which went into administration. We argued that the business had been purchased by another firm and that TUPE applied. The purchaser had failed to consult with the employees regarding the purchase of the business, and so we claimed a protective award in addition to unfair dismissal.

All six clients were delighted with one saying ” it was a refreshing and welcome change to find people who knew what they were talking about and did their best to help me out of the situation I found myself in. Thank you for all your help”.

Martin & Co have been recognised for their excellence in employment law for the tenth year in a row by the prestigious Legal 500 directory, which represents the most comprehensive research into law firms in the UK.

We have been rated as one of the top firms for employment law in the whole of the north west region, beating off competition from much larger firms.

John Martin was singled out for particular praise being   ” noted for his work in the education sector”.

Martin & Co have recently won a case for unfair dismissal against a Manchester NHS Trust who dismissed a nurse  after she was secretly filmed making critical comments about managers on a Dispatches tv programme on channel 4.

We successfully argued that her comments had been true, and that she was not deliberately making her views public.

The Manchester employment tribunal were very critical of the Trust in every respect of their decision and awarded our client a year’s pay in compensation and took the very unusual step of reinstating her to her position.

Our client was delighted with the decision and praised Martin & Co’s Ross Fletcher for his handling of the case saying that he had been “amazing”.

The decision allows our client to get on with her career, which had been sadly interrupted for over a year.