"A client asked for help concerning the termination of her employment. She had been given notice of dismissal to expire just before the end of her first year of employment. The notice claimed certain trumped-up disciplinary charges. The employer thought it would be able to dismiss her cheaply and with no recourse given that, in the employer's belief, she had not yet accrued any right to claim for unfair dismissal.
On further investigation, Wellers ascertained that the employer had not followed its own disciplinary procedures. This gave prima facie grounds to render the dismissal automatically unfair. Wellers advised the employee of this and informed the employer that the time limitation does not apply in cases of automatically unfair dismissal. As a consequence the employer was very quick to offer the employee a handsome compromise payment. The matter was settled quickly and amicably.
The lessons are twofold: Proceeding without advice can prove costly; and as the law is ever changing, be sure you have up to date information.
Employers be sure to get up-to-date advice before commencing any process of redundancy or dismissal".
Please contact me for further advice: patrick.mcgrath@wellerslawgroup.com tel: 0208 290 7963
