Dismissal Frequently Asked Questions
Statutory redundancy pay is calculated with reference to the number of completed years’ service by the employee. The employee will receive:-
- 1 ½ weeks' pay for each year in which the employee was over 41 years of age
- 1 week's pay for each year in which the employee was over 22 but under 41 years of age
- 1/2 a week's pay for each year in which the employee was under 22 years of age.
However, the maximum number of years which may be counted is 20. A week's pay is also subject to a maximum figure and redundancy payments up to a specified level are exempt from income tax. Currently statutory redundancy pay is capped at £489.00 per week.
If you believe that you have been subjected to unfair treatment that has lead to your dismissal, you must ensure that your have commenced Early Conciliation within three months from the last date work/dismissed or the date you resigned. If you fail to present your case to ACAS before this deadline, you may be prevented from taking any further legal action.
If you feel that you have been bullied or treated unfairly/unevenly at work by your employer or colleagues you may need to raise a grievance setting out your concerns.
This may result in a solution to your problem i.e. your employer rectifies the issues and concerns you have. If the problem is not resolved, then remedies available depend on what type of bullying you have experienced. There is no specific legislation to protect employees from bullying, but you may have a discrimination claim or a constructive dismissal claim if you have been or feel forced to resign.
If you have resigned because your employer is in breach of your employment contract and that breach was serious enough to cause the relationship to dissolve (the usual breach relied upon is that of trust and confidence) forcing you to resign, you may be entitled to claim constructive unfair dismissal.
To bring a claim for constructive unfair dismissal, you need to be an employee and employed for more than 24 consecutive months (2 years) and have resigned in consequence of the conduct or the employer. This conduct may have typically been ongoing for a while where you may have tried to resolve matters informally with no success. If you have been experiencing workplace bullying or matters in breach of your contract, please contact to discuss in more detail.
You can refuse the offered suitable alternative employment if the basis for your refusal is reasonable, e.g. due to health, family commitments or similar reasons. You are entitled to a trial period of 4 weeks in the new job, during which time you can still leave and claim redundancy.
If you are an employee and have been working for your employer for more than 24 consecutive months (2 years) and believe that your employer has not conducted a fair selection process or criteria then you may be able to claim unfair dismissal. An employer must act fairly and reasonably when choosing the correct candidate who’s role has become redundant, this will include a fair selection pool (all of those undertaking like work/same team) to both a subjective and objective selection criteria.
If you have been employed for 24 consecutive months (2 years) or more, are an employee and your employer failed to investigate the alleged discrepancies adequately, you may have a claim for unfair dismissal.
An employer must explore and investigate allegations fully (investigations may vary depending upon the size and resources available to your employer). The investigations may be undertaken in the form of an interview where you are given the opportunity to provide your version of events and/or interviews and statements taken from those who may have witnessed the alleged incident. If your employer forms an opinion of guilt based upon no evidence, or adequate investigation, you may have been unfairly dismissed. Please contact us to discuss in more detail.
You can be made redundant if your employer determines your role is no longer required. Examples of this may be the requirements of the business have ceased or diminished (or are expected to cease or diminish). It is important to note that it is a role that is made redundant and not the individual that occupies that role. If you think you have been unfairly selected for redundancy, please contact us to discuss your specific circumstances.
In May 2014 Early Conciliation was introduced to assist individuals and companies in bringing employment disputes to a conclusion without the need for litigation in an Employment Tribunal. Early Conciliation is a service offered by ACAS to all. If an individual or employer is involved in a work related dispute where early intervention may assist ACAS must be contacted. You will not be permitted to present proceedings to an Employment Tribunal if you have not completed the Early Conciliation process. Our team are fully trained and committed to assisting in Early Conciliation, if you have a dispute that you would like conciliation assistance, please contact our team to discuss further.
Unfair dismissal is where an employer has not followed a fair and reasonable dismissal process when dismissing an employee, e.g. failed to allow an employee to be accompanied at disciplinary hearings, failed to make an adequate investigation or failed to consider alternatives to dismissal.
To bring a claim for unfair dismissal you must be an employee and you must have worked continuously for the employer for more than 24 months (2 years), although there are some exceptions, e.g. when the dismissal is for pregnancy.
If you think you have been unfairly dismissed, please contact us to discuss your specific circumstances.