What you need to know about unfair dismissal

The loss of a job can be a very worrying and stressful time. As well as the potential upset and disappointment of losing one’s job, there are also financial implications.

In many cases, the loss of a job may be fair and just, but in other cases it may be that you lost your job unfairly and if this is the case, you have the right to make a claim for unfair dismissal.

Unfair dismissal is notoriously difficult to prove and as such, it is highly recommended that you seek legal counsel before attempting to bring a matter to a tribunal. At Marlow Braide, our solicitors are highly qualified and skilled in employment law and can offer you the advice and assistance you need.

Fair dismissal

In order to prove that you were unfairly dismissed, it’s important to understand what the normal and fair circumstances for employment termination are:

• Capability – where an employee was either not truthful about his qualifications or experience, or is simply not capable of doing the job in question.

• Conduct – this might include any misdemeanour such as theft, abusive behaviour, persistent illness or tardiness, or any other behaviour which falls against the employer’s code of conduct.

• Redundancy – if this is the case, the employer must have a policy and follow it, as well as the legal aspects of redundancy.

• Breaking the law – if the employee has broken either criminal or civil law, they may be deemed to have committed gross misconduct or brought the name of the employer into disrepute.

• Any other reason – deliberately wide so as to protect employers, this could include failure to work with a certain client or customer, or refusal to work with a particular member of staff.

Proper dismissal

In order to terminate any employment, an employer must also follow the procedure correctly. With the exception of gross misconduct, they must take you through a disciplinary process.

Should they fail to do so, or should the reason for your dismissal not fall into the categories above, there may be a case for unfair dismissal.

Am I entitled to cosmetic surgery compensation?

Undergoing surgery is not a decision made lightly. Hours can be spent looking into the right cosmetic surgeon and after meeting with them to discuss our operation, we should feel confident in our upcoming procedure. Knowing we are in the hands of someone who has performed hundreds of similar surgeries is one of the main reasons we go ahead with cosmetic improvements.

Surgery is something many seek to improve health and confidence and to end suffering. But occasionally operations can go wrong and temporary discomfort turns into long-term pain. It is then we deserve the answers and compensation we are entitled to.

Before we agree to undergo a procedure, the risks should be fully explained to us by the surgeon. They should also advise on rehabilitation and recovery times.

But if we feel errors have been made, including things not being thoroughly explained and procedures not going to plan, we may be entitled to money and assurances to right those wrongs.

Marlow Braide’s experienced legal team can seek the answers and compensation you deserve if a medical professional has made a mistake. We can discover whether you do have a claim and if so, do all in our power to ensure justice is done.

By allowing us to pursue your claim we can stop any similar future mistakes being made, which could save others from going through the same trauma.

We have a wealth of experience and knowledge when it comes to genuine procedure claims. Our team will be there for you every step of the way and will quickly be able to advise whether or not you have a case.

Even if you are reluctant to receive compensation for a disappointing surgery, take action to stop anyone else going through the same trauma.

Three reasons to consider a personal injury claim

If you are recovering from an accident or personal injury, dealing with solicitors is probably not at the top of your to do list. We understand if this is the case, but we believe that if somebody else was to blame, it is important for you to come forward to claim compensation. Below are a few of the reasons why.

1. Financial difficulties

An accident that wasn’t your fault can have far-reaching consequences. In many cases individuals are left unable to work, leading to financial difficulties and a large helping of stress and anxiety. A compensation pay out can help minimise any financial worries, and can even help towards the cost of any home adaptations which may be necessary as a result of your injuries. For example, it could help cover the cost of ramps or hand rails in your home.

2. Personal implications

Some injuries can leave you unable to drive or to leave your house without assistance. This sudden loss of independence and freedom can have a detrimental impact on an individual’s mental well-being. We believe it is only fair that you should be reimbursed for the negative impact the accident has had on your life.

3. It may stop it from happening again

If nobody draws attention to the object or person that caused the injury, then nothing changes and numberless individuals could suffer the same ordeal you have already been through. When brave individuals like yourself stand up to be counted, there is pressure on the guilty party to change their ways to ensure the same accident doesn’t happen again. By claiming compensation you may be preventing another innocent victim from going through the ordeal you have already endured.

Our specialists are dedicated to making the claims process as straightforward as it can be. Speak to our team today to find out more.

Returning faulty goods – your legal rights

It might be an unwanted gift but that does not give any return rights. However, if the gift you have received or the gift you have bought for someone else does not work or is faulty in some other way – or if it simply does not match up to its marketing boasts, then there could well be a case for its return and a refund, or at least a like-for-like exchange.

Most retailers do not hesitate in keeping customers happy but there are a few who will argue the point or refuse point blank to make good any problem.

Of course, the customer has to be certain that the product really does have a problem or present a problem, but if that customer is you and you are satisfied that you are right, then there is no reason why you should be fobbed off with something you don’t want or that is of no earthly use to you.

So what course of action is open to you?

Well, the local Trading Standards office might be able to help. They are quite quick to look at problems such as yours. However, you might feel that you are making a fuss when you should just accept the loss.

That is, perhaps, where we come in.

There is no way you should accept a loss because of someone else’ negligence. As far making a fuss, well we can do that on your behalf, whether the problem involved a pop-up toaster, a car, a holiday or just about anything else for which you or someone you know has handed over money.

Even better news is that by letting us do all the hard work, it might not personally cost you anything.

Don’t leave it too late. Get in touch with us now.

Winter staff sickness – what does the law say?

It’s that time of year when the weather can start to have an impact on the wellbeing and health of staff.

Winter cold and cough season is upon us, and it can definitely affect attendance at work. And for anyone who has an underlying, on-going medical condition, the seasonal changes can make matters worse.

But what does the law say about staff absence through sickness?

The Fit Note

Back in April 2010, the Fit Note was launched to help staff get back to work as soon as they could.

One issue has been how willing GPs would be to sign off people as ready to return to work after illness, and even how able they would be to do this, given they are not occupational health practitioners.

Reports say that increasingly GPs are using the option ‘may be fit for work’, however, while bigger employers can always seek advice from occupational health practitioners.

The Fit for Work service

For smaller firms, the Fit for Work service is a voluntary, UK-wide scheme that may be more appropriate in supporting staff who have been on a long-term absence through sickness.

Staff members must agree to be referred, have been off work for at least a month and have a realistic chance of being able to go back. The service offers a 45-minute phone assessment with a suitably qualified health professional – details can be found at www.gov.uk.

What should employers do?

1. Have a clear policy in place and make everyone aware of it and apply it consistently and fairly
2. Monitor staff absences properly
3. Interview staff when they get back
4. Consider reasonable adjustments requested for anyone who may struggle more in the winter

Talk to us at Marlow Braide if you need further advice, especially if you feel badly treated by an employer who hasn’t followed the procedures outlined above.

Are you entitled to make a compensation claim?

If you’ve been involved in an accident, be it on the roads, in a public place or while at work, it can be an extremely difficult time for you.

You might be forced to take time away from work, you might have a lengthy recovery period ahead of you and the likelihood is that you could be left in pain and suffering as a result of your injuries.

When faced with these circumstances, many people choose to seek a claim for compensation. With over 15 years’ experience, Marlow Braide can help you get the justice you deserve. However, in order to be able to legally seek a claim for compensation, you’ll need to show the following:


Compensation is only available to you if the accident in question wasn’t your fault. Therefore, we have to demonstrate that the actions of a third party were responsible for the accident. That person doesn’t need to have acted maliciously, as we’re proving the action, rather than the intent, in this case. Therefore, if you were in a road traffic accident where the person behind you failed to stop, their fault can be shown clearly.


We also need evidence of your injuries. In many cases, the doctor or medical professional who treated you will be able to attest to the level of your injuries, their severity and the likely prognosis for your future health. They can confirm if you’re likely to need ongoing treatment, assistance or are likely to suffer chronic pain as a result. Not only are these factors important in proving your case, but they can also alter the amount of compensation you would be awarded if successful.

Time limits

In most circumstances, you have three years from the date of your accident to seek a claim. There are some exceptions to this, and our highly qualified and knowledgeable staff can advise you accordingly.

5 important “yes we can” answers from Marlow Braide

Our friendly, professional and helpful team here at Marlow Braide Solicitors in Stockport know that many folk are often slightly reluctant to approach a solicitor on those occasions when they really should. This can be for a range of reasons and feelings, but these can hold people back at a time when they need, and deserve, professional help.

To give you an idea of our services, we thought that, in this blog post, we would list five of the most common questions people first ask us, ones that we can generally answer with “yes we can” before getting into the detail. So here goes:

“Can you help me when I’m the innocent and injured party in a road traffic accident?”

Yes we can – and we can help with key areas such as gaining a replacement vehicle if yours has been damaged, and gaining access to rehabilitation services after any injury, whether physical or psychological, to pedestrian victims.

“Can you help me when I believe I’ve been unfairly dismissed at work?”

Yes we can – and we can fully investigate the manner of your dismissal, and whether required procedure has been followed. We also help many people check all their rights if they have been made redundant.

“Can you help with a holiday gone bad?”

Yes we can – we can help deal with illness perhaps caused by contaminated or poorly prepared food, and injuries suffered abroad, such as slipping or tripping on hotel premises. We have also helped with in-flight and excursion injuries.

“Can you help where I feel I’m the victim of medical negligence?”

Yes we can – we look at many cases to assess whether the level of care has fallen below the accepted standard, and how this has contributed to injuries or conditions that patients have suffered.

“Can you help me recover a debt?”

Yes we can, and this also includes many commercial disputes.

Do any of the above apply to you or someone you know? If so, it is always worthwhile to contact a solicitor – you can call us on 0161 474 0628. We will always offer honest and straightforward advice. There’s an old saying: “If you don’t ask, you don’t get”. Sadly, it’s still true, in the areas we’ve highlighted here, that many people are reluctant to ask!

Employment law changes for autumn 2015

Employment law is updated every autumn, and this October is no exception, with a number of changes just around the corner that employers and employees should know about and be ready for.

Here they are in summary:

• From October 2015, all employers turning over £36m and more will need to publish an annual statement on modern slavery. This will include steps taken to eliminate modern slavery playing any part in its business.

• Turban-wearing Sikhs will be exempt from having to wear safety helmets in all workplaces. This rule currently affects building sites – now the exemption is extended to places such as factories, warehouses and the like, and also to transport vehicles used for work.

While some (very limited) situations still exist where Sikh staff members will have to wear head protection, this is mainly for armed forces personnel or those who work in emergency response.

• The National Minimum Wage is set to rise, so if you are an employer you need to pay at the new rate, while if you are an employee, you need to be sure you have got your pay rise.

The adult rate from 1st October is £6.70 rather than £6.50, while rates for apprentices and young workers have also gone up.

• Employment tribunals lose their right (from 1 October) to make recommendations affecting the wider workforce. They are restricted to commenting on individual employees’ particular circumstances.

• Company vehicles will have to be smoke-free from the start of October – unless the car or other vehicle is mainly used privately. Smoke-free legislation also bans smoking in all private cars carrying children under 18 as passengers. Similar rules already apply in Wales, and will also extend to Scotland in due course. Company car policies may need to be revised as a result.

• Referrals under the Fit for Work service will also be fully operational this autumn. The service aims to help staff return to work after an absence due to ill health. Employers will have the chance to refer a staff member for a free of charge occupational health examination if someone has been away for around a month. This already applies in Scotland.

Make sure you’re up to speed with these changes and how they affect you. Seek legal advice if you are in any doubt. At Marlow Braide we can help any employee who feels they have been treated unfairly – get in touch today for an informal, confidential chat.

Legal service at Marlow Braide

Here at Marlow Braide we offer a legal service that helps you with all your legal requirements. Here are just some of the legal matters we can assist with:

Accident and injury claims

Accidents can happen anytime, anywhere – and unfortunately they have the potential to cause huge damage to your life and livelihood. At Marlow Braide we offer a no win, no fee compensation service. We can help with all types of accident and injury claim, such as road traffic accidents (including motorbike, cyclist and pedestrian), accidents at work, slips and falls, accidents abroad and criminal injuries.

Medical negligence

Medical negligence is when care provided by a medical practitioner (for example a doctor, nurse, dentist or surgeon) is below a reasonable standard. If you have reason to believe you have been a victim of medical negligence, Marlow Braide will work closely with medical experts in order to assess liability and deem whether you’re entitled to compensation.

Industrial deafness

Deafness from the workplace can occur following exposure to certain chemicals, dust or fumes or loud noise. If you’ve been affected by this sort of issue, get in touch with Marlow Braide to see if you can make a claim. We work with medical experts who can help us evaluate your case. As well as compensation, you may be entitled to specialist equipment such as a hearing aid, or other medical treatment.

Holiday and sickness claims

Nobody wants their holiday ruined by sickness or accidents – it just isn’t fair! Here at Marlow Braide we can help you get compensation if you’ve been on holiday and suffered illness or sustained injuries while abroad.

Even if you were poorly for just a couple of days of your trip, it may be worth making a claim to see if you can get some of the costs back. Perhaps you had some sort of accident, such as slipping in your hotel bathroom or dropping heavy luggage on your foot.

Whatever your situation, talk to us for comprehensive advice today. For package holidays, you can often claim compensation from the UK travel company or tour operator you booked with.

Legal services from Marlow Braide Solicitors

When you need a trusted and experienced legal team on your side, Marlow Braide Solicitors Limited is here for you. From personal injury claims to commercial disputes, our lawyers are here to give you advice, provide representation and handle legal processes. Based in Stockport, we work with clients in Cheshire, Manchester and across the UK. When you’ve got a problem and you need to get the right result, you need assurance and peace of mind from your legal advisors – that’s what we’re here for.

Whether we’re answering your questions or supporting you in court, you can be sure that we’ll be open and honest with you, that we’ll listen to your concerns and that we’ll help you overcome any difficulties.

The solicitors at Marlow Braide take on a wide range of cases across personal and commercial law, including employment disputes, debt recovery and holiday accident claims. Whatever the issue at hand, we aim to get the fairest result for you. Just some of the areas we work in are included below; if you don’t see what you’re looking for, please contact us as we may still be able to help you.

Illness and injury claims

Whether it happened at home or abroad, if you’ve suffered injury or illness as a result of someone else’s actions then you might be entitled to compensation to cover any losses and personal damages. Marlow Braide Solicitors Limited supports clients who have been involved in accidents or have been taken ill as a result of negligence or misconduct.

Medical negligence

You expect to leave hospital feeling better than when you arrive, but occasionally things can go wrong. If you believe you’ve experienced medical negligence, contact our solicitors. We can help you determine if you have a claim, file it for you and support you throughout, helping you to get a fair result.

Industrial deafness claims

Workplace health and safety has changed a lot over the years, but it has come too late for some. If you’re one of the thousands of UK workers who has hearing trouble as a result of industrial work, our solicitors may be able to launch a claim on your behalf and help you get the compensation you deserve. We also handle claims for breaches of health and safety legislation.

There’s lots of other services we offer; from debt recovery to name deed changes, we’ll support you when you need us. Trust Marlow Braide Solicitors Limited – call us today on 0161 474 0628