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unfair dismissal

If you are wondering whether you have a case for unfair dismissal then you should by asking yourself a few simple questions...

Unfair dismissal is exactly what the name suggests...it’s unfair! Too many people find themselves in a situation where they are unemployed and struggling for money through no fault of their own. At Lanshaw Solicitors we take our time to listen and understand your situation. If you are unfamiliar with employment law and unsure whether you have a case or not, begin by asking yourself a few basic questions:

2 Basic Questions (Yes/No)

1) Did your employer have a good reason for dismissing you?
2) Did your employer follow the company’s dismissal process?
If you have answered “NO” to either of these questions then you might have a case for unfair dismissal.

More detailed Questions (Yes/No)

1) Had you requested flexible working?
2) Had you requested or were you on maternity, paternity, or adoption leave?
3) Had you refused to give up working rights such as taking breaks?
4) Had you handed in resignation with the correct notice period?
5) Joined a trade union?
6) Participated in legal industrial action for 12 weeks+
7) Were you doing jury service?
8) Tried to enforce your right to Working Tax Credits
9) Whistleblown; exposed wrongdoing at work
10) Forced into retirement

If you answered “YES” to any of the questions above then you may have a case for unfair dismissal. If you have answered “NO” then you might want to look into constructive dismissal. Constructive dismissal is when you have not been sacked but you have decided to leave employment because of your employer’s behaviour.

Constructive Dismissal Questions

To bring a case of constructive dismissal the motivation for you leaving the job must fall into certain categories. A serious incident must have occurred or it might be that several serious incidents have occurred. To work out whether the reasons are serious ask yourself:

1) Did your manager refuse to pay you or demote you for an unknown reason?
2) Did the manager force you to accept unreasonable changes to your work pattern?
E.g. initially hours were 9-5 then suddenly night shifts?
3) Were other employees allowed to bully or intimidate you?
If you answered “YES” to any of the questions above then you might have a case for constructive dismissal.

Please contact Lanshaw Solicitors on 01159 985245 to find out more.