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|Bonallack & Bishop are specialist employment solicitors with particular experience of unfair dismissal. Tim Bishop is senior partner [url=http://www.sandvikfw.net/shopuk.php]hollister outlet sale[/url] at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 12 years and has plans for continued expansion.
Employees have the right not to be unfairly dismissed by their employer. In [url=http://www.maximoupgrade.com/hot.php]hollister france[/url] order to make an unfair dismissal claim, an employee must have had at least one year's employment with the employer. The employee then needs to establish they have been dismissed. Once dismissal is established it will be down to the employer to prove the dismissal comes for one of five recognised reasons:
Redundancy can occur when you [url=http://www.gotprintsigns.com/hollisterpascher/]hollister pas cher[/url] cease or intend to cease carring on your business or work of a particular kind, at your employees place of work; or if your business requirements have ceased or lessened for a particular type of work. In order to ensure a redundancy dismissal of an employee is fair, you must adopt a objective selection process. If you do not, the employee may be able to bring an Unfair [url=http://www.rtnagel.com/airjordan.php]jordan pas cher[/url] Dismissal claim against you, as well as claiming an uplift on the [url=http://www.thehygienerevolution.com/barbour.php]barbour[/url] compensation award.
It may be the case that an employee has committed or been accused of committing a criminal offence either in or outside of work. This can be an [url=http://www.ilyav.com/uggpascher.php]ugg pas cher[/url] occasion when it may be reasonable to dismiss that worker. [url=http://www.vivid-host.com/barbour.htm]barbour uk[/url] For [url=http://www.1855sacramento.com/peuterey.php]peuterey[/url] example, a worker may require a driving licence to carry out their work, so if they lose their licence, it can be [url=http://www.mquin.com/giuseppezanotti.php]giuseppe zanotti pas cher[/url] reasonable to dismiss them.
It may be fair to dismiss an employee who is deemed not to be capable for the job either through incompetence or sickness. for example, this may be because they lack the right qualifications or if they are absent from work for long periods of time due to illness.
If you are contemplating a dismissal based on capability you should be certain to confirm with the correct procedure before doing so to avoid a claim by the employee for unfair dismissal.
Continued rule flouting, theft or fraud are frequent reasons for conduct based dismissals.
It is important as an employer to establish dismissal reasonable in the circumstances by carrying out a full and objective procedure - failing to do so could have the consequence of the employee succeeding in an unfair dismissal claim and possibly being awarded increased compensation.
5. Some other substantial reason
There may be another potentially fair reason for dismissal. The onus is on an employer to establish that a particular reason, not falling within [url=http://www.mansmanifesto.fr]doudoune moncler homme[/url] the four reasons above, constitutes 'some other substantial reason' which justifies dismissing an employee holding the position held.
Although an employer may successfully establish one of the fair reasons set out above, an Employment Tribunal must still be satisfied that that employer completed a fair procedure.
Employers should be mindful of correct procedures for dismissals - statistics show a large percentage of unfair dismissal claims are lost by employers for not observing correct procedures.
Costs may be awarded against either party in an [url=http://www.ilyav.com/uggpascher.php]boots ugg pas cher[/url] Employment Tribunal but there is quite rare - it [url=http://www.achbanker.com/home.php]hollister[/url] is better to assume both parties will bear their own costs in any unfair dismissal claim.
Employment law is complex. Procedure must be carefully followed and therefore both employers and employees would be well advised to take the advice of experienced employment solicitors when making any dismissal or when being sacked.
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