Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they provided any clues as to the reason behind the dismissal?
Just that they no longer want me and provided me with a months notice period as per stated in my contract
when did this happen?
end of January 2014
Please see copy letter attached
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
If the employer has either failed to provide a fair reason or follow a fair procedure, the dismissal is likely to be unfair and you could appeal to the employer first, before considering making a claim for unfair dismissal in the employment tribunal.
Did you check the copy letter I attached?
I did, it changes nothing to the above, they have not provided any reason or appear to have followed a fair procedure
ok thank you
you are welcome