When a contract of employment comes to an end (termination) as a result of resignation or dismissal, our Employment Solicitors can ensure your legal rights and your future employment are protected.
Below we explain termination of employment by resignation and by dismissal.
Termination of Employment by Resignation
When someone resigns they give up their rights as an employee. If you are thinking of resigning and terminating your contract of employment one of our Employment Solicitors can advise you how to effectively do so. We can review your contract and make sure you can resign in a way that does not breach the terms of the contract.
If you breach the terms of your employment contract then your employer may be able to bring legal action against you. We can also negotiate the terms of any reference your employer will provide to any future employers.
An Employment Solicitor can review your contract of employment and consider the reasons for your resignation. In doing so, he/she can assess whether you have been pressured into resigning from your job. This could mean you have a case of Constructive Dismissal against your employer. Remedies for Constructive Dismissal can include reinstatement to your role, compensation, or both.
Termination of Employment by Dismissal
If you are dismissed by your employer an Employment Solicitor can review your contract and consider the reasons for your dismissal. This will enable your Solicitor to advise you whether you have been wrongly or unfairly dismissed. Remedies can include reinstatement to your job, compensation, or both. For more information see Unfair Dismissal.
When an employer dismisses an employee they must show that it is for a potentially fair reason. Fair reasons include:
- Capability – that the employee is not capable or qualified to carry on the job they were employed to carry out
- Conduct – that the employee’s conduct is such that the employer cannot continue to employ them
- Redundancy – where there is no place for the employee’s role within the company
- Illegality – whereby continuing to employ the employee would break the law. This usually occurs when the law changes
- Some other significant reason not mentioned above.
- We realise that some clients may want to adopt a peace-making approach; others may want and need tough action. Our Employment Solicitors work with clients and shape and deliver advice according to the clients’ objectives
- We are transparent about our Solicitor fees and will provide an estimate at the outset
- Our fee-earners (Lawyers and/or Barristers as needed) have varying degrees of experience and we will allocate your case to an appropriate fee-earner
- We have an enthusiasm and passion for what we do and enjoy helping our clients
- Our approach is down-to earth, friendly and pragmatic and we combine this with our technical expertise
We offer a reliable and prompt service, ensuring we are available when you want to speak to us, even outside normal office hours.
Why Simpson Millar
- Our Employment Solicitors have up to 35 years specialising in employment law
- We operate fairly on pricing and will discuss our Employment Tribunal charges with you in advance of carrying out any work
- We offer technically astute, practical legal and strategic advice in a jargon free manner
- We are hands on and proactive. To suit our clients’ needs we will deal directly with the ‘other side’ (employer) or give legal advice in the background, whichever is best for you.
For free initial legal advice call our Employment Solicitors
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