Call 0800 9883303

Hodgkinsons Solicitors
"The Bracings"
7 Heath Road
Skegness
Lincolnshire
PE25 3ST

Tel. 0800 9883303
Fax. 01754 897199

Email. info@hodgkinsons.co.uk
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Tim Miller, Soliticor

Tim Miller, Solicitor

Employment

Tim is the Firm's Senior Partner and has over thirty years experience as a qualified solicitor. He is head of the Firm's Matrimonial and Civil Litigation Departments.

Tim specializes in Family work and Employment Law and predominantly handles cases of high complexity and value. He also conducts cases of a general litigation nature including contractual disputes, boundary disputes and contested Wills.

Tim has had notable successes in matters involving Firearms Licenses and is one of very few Solicitors in Lincolnshire with expertise in this field.

Dismissal

After one year of working continuously for an employer, the majority of employees are entitled by law to protection against unfair dismissal. A dismissal is usually regarded as fair if the reason for dismissal is based on capability or qualifications for the job, misconduct, redundancy, legal requirements of the job or for some other substantial reason.

Some dismissals are automatically unfair. An employee does not need one years service with an employer to claim unfair dismissal if the dismissal is related to, for example pregnancy or maternity, union membership or activities, health and safety or enforcing a statutory right.

There are three main types of dismissal which can result in a claim :
Constructive dismissal
A claim for constructive dismissal can be brought against your employer if you believe staying with the employer is impossible. The employer has not actually dismissed you but you have been given no option but to leave

In order to bring a claim for constructive dismissal there must be a fundamental breach of contract by the employer. You need to leave alleging constructive dismissal. If you are successful in claiming constructive dismissal potential claims for both wrongful and unfair dismissal may follow.
Unfair dismissal
An employer can dismiss an employee in certain circumstances. However, if the employer does not have good grounds and fails to apply a reasonable procedure then you have a claim for unfair dismissal (subject to the length of your service).

Some dismissals may amount to an automatic unfair dismissal. You should obtain legal advice on these and any other potential claims immediately.
Wrongful dismissal
Wrongful dismissal is a contractual claim. This arises where an employee has been dismissed and the employer has failed to fulfill his contractual obligations to the employee. For example, the employer has failed to give the employee his notice.

Our specialist employment team has extensive experience of all types of dismissal claims.