Cheshire Employment Law  
Dismissal Advice Cheshire
Termination
This signifies the end of the Employer/Employee relationship and can arise is one of two ways. An  Employee is employed until such time as they are dismissed or the employee resigns and brings a case of constructive dismissal. If an Employment Tribunal is satisfied that that an employed has been dismissed unfairly a claim for loss of earnings and a basic award will ordered to be paid by the Employer to the Employee.

DISMISSAL
This may be as obvious and clear as the Employer saying “you are sacked” or “your services are no longer required” or more subtle where no words are said in relation to a dismissal but actions such as issuing a P45, denying access to a date base or removing company property.
If the case reaches a hearing at an Employment Tribunal the Employer must prove that they have acted reasonable and fairly. A dismissal is likely to be unfair unless;

>> It  is a reason falling within the following reasons permitted by law;

1. relating to the capability or qualifications of the employee to do work of the kind that he/she was employed to do; or

2. relating to the conduct of the employee; or

3. that the employee was redundant (more information on redundancy): or

4. that the employee could not work in the position held without breaking the law.

5. there was some other substantial reason justifying dismissal of an employee holding the position  which that employee held.

The Employer must plead the correct reason otherwise the dismissal will be unfair. If you require advice or assistance please contact us.

>> The Employer acted reasonably in treating that reason as sufficient for dismissal.

CONSTRUCTIVE DISMISSAL/RESIGNATION
If an Employee terminates the contract because of the Employers conduct for a case of constructive dismissal to be successful the Employee must prove a serious breach of contract by the Employer. If you require advice or assistance please contact us.
 
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Use any of the links above to find out more information or contact us for advice.

We are Employment Solicitors covering a wide area including Cheshire, Altrincham, Wilmslow, Knutsford, Cheadle, Timperley, Sale, Hale, Chester and Alderley Edge.

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Dismissal Solicitor Cheshire
  Copyright Cheshire Employment Law 2012 Cheshire Employment Law   Tel: 0161 241 1445
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