Unfair Dismissal Solicitors Glasgow

Without question, the most common employment law situation we see relates to unfair dismissal. Usually, people have been unfairly dismissed or fear they are about to be unfairly dismissed.

Making an Unfair Dismissal claim.

The most common reasons given by employers for the dismissal of employees are the following :

• Misconduct
• Capability – this relates to the employees capability to do the job, perhaps because the employee is viewed as simply not good enough or because they have been off sick
• Redundancy

While these can be valid reasons for the dismissal of an employee, employers tend to fall foul of employment legislation by being too hasty in taking the decision to dismiss their employees and often do not follow a correct procedure.

In cases of misconduct, this could take the form of not having fair disciplinary proceedings;

In cases of capability, this could take the form of not giving the employee warnings and an opportunity to improve their performance; or in respect of ill health of not obtaining a medical report before dismissal;

In cases of redundancy, this could take the form of not consulting with the employee and not using a fair selection method when choosing which employees to dismiss.

We are experts at assessing whether or not there are grounds to make a complaint of Unfair Dismissal to an Employment Tribunal and can either help clients to do this themselves or, more commonly, represent clients throughout the entire procedure.

Dismissal Procedure & Unfair Dismissal

While it is essential that your employer follows a proper procedure, what amounts to a proper procedure will clearly vary from situation to situation.

It is essential that employers take legal advice on proper dismissal procedures.

Employers should follow the ACAS code which stipulates that employers follow a fair and reasonable procedure when disciplining or dismissing employees. For instance, if the issue which led to dismissal relates to competency, the employer should give the employee adequate feedback and an opportunity to improve their performance.

If the dismissal is on the grounds of behaviour the employer should follow a fair disciplinary procedure. This will involve issuing fair warning to the employee regarding their conduct as well as ongoing warnings should the employee’s behaviour fail to improve, culminating in a final written warning and a disciplinary hearing.

Employment Tribunal Claims for Unfair Dismissal

Claims must be brought before the employment tribunal. In Glasgow, this is based in the Eagle building at 215 Bothwell Street.

The employment tribunal will assess the dismissal process, assess the reasons for your dismissal and come to a conclusion as to whether or not these reasons were sufficient to warrant dismissal.

When can I claim Unfair Dismissal?

The rules depend on when your employment began. Normally, employees will require 2 years’ continuous service in order to lodge an unfair dismissal claim. However there are some circumstances which will warrant a claim for unfair dismissal even although the employee does not have two years continuous service. These include:

• Dismissal for ‘whistleblowing’
• Dismissal for pregnancy or a reason related to parental leave.
• Dismissal for asserting a statutory right (for example the right to maternity leave or the right not to suffer an unlawful deduction of wages).     
• Unfair dismissal claim time limits
• Claims for unfair dismissal must be raised within three months of the date the employment ended. As such, it’s important to get in touch with us right away.

Unfair Dismissal Claims Glasgow

If you think you have been unfairly dismissed, call us on 0141 576 4808 or email us at This email address is being protected from spambots. You need JavaScript enabled to view it.