Termination Of Employment

Dismissal is the termination of employment by:-

the employer, with or without notice; or
the employee’s resignation, with or without notice; or
the expiry of a fixed term contract which is not renewed.

Where an employee’s resignation results from conduct of the employer which the employee believes breaches the contract of employment, a situation of constructive dismissal exists.

Where the dismissal is effected by the employer, it may amount to:-

a fair dismissal, in which case the employee has no recourse, or
an unfair dismissal, in which case the employee may take proceedings in the Employment Tribunal.

For a dismissal to be fair, an employer must have both:-

a legal valid reason for the dismissal, and
followed a fair procedure leading up to the dismissal.

There are certain instances where a dismissal will be automatically unfair. For example:-

on maternity related grounds
by exercising the right to be accompanied at disciplinary or grievance hearing, or
accompanying a colleague at such a meeting

Employees are entitled to a written statement of reasons for dismissal.

We are able to guide employers through the mechanisms to achieve a fair dismissal, or to assist them contest a claim brought against them.

We are also able to advise former employees of the merits of pursuing a claim.

Stephen Gallico Solicitors is authorised and regulated by the Solicitors Regulation Authority (Registration number: 386696).
A copy of the Solicitors’ Code of Conduct 2007, which sets out the rules of professional conduct which apply to solicitors, is available on the Solicitors Regulation Authority website: http://www.sra.org.uk.

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