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.

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

Marlow Braide: getting you the justice you deserve

Marlow Braide are a firm of solicitors offering a range of no win, no fee services to enable clients to make compensation claims across different areas. Services include:

Accident and injury claims

If you have had an accident that was not your fault, Marlow Braide will be able to work with you to get you the compensation you deserve from the party at fault. Whether you have had a road accident that was caused by another driver, or an accident at work, you will be able to get help putting together a strong case for a successful claim.

Medical negligence

If you feel that you have been made ill by the negligence of a doctor or medical staff at a hospital, Marlow Braide can work with you to get you compensation for your injuries or illness. Solicitors work with a panel of medical experts who know the law and are able to evaluate your case individually.

Employment law

Cases where clients have been made redundant or feel that their rights as an employee have been violated can be handled by experienced solicitors who will investigate and check your rights to help you make a strong case against your employer. We can also help in cases where you feel that you have been discriminated against because of your sex, race or disability.

Industrial deafness

Your employer has a duty of care to you to ensure that you are provided with a safe workplace in which your health is taken seriously. If you have lost your hearing or suffered hearing damage as a result of your employer’s negligence, Marlow Braide can help you claim compensation.

Holiday and sickness claims

When you have gotten ill or been injured on holiday, it may seem difficult to claim compensation because you are not in your home country. We can help you obtain compensation for these injuries and illnesses once you return from holiday.

Other services

Marlow Braide provide a range of other services to help any client resolve legal issues quickly and easily. Other services include debt recovery, dealing with change of name deeds and settling commercial disputes.