Termination Of Employment In York

 In Employment - Case Study

Termination Of Employment – ML Expert Solicitors Team; Are you seeking expert legal advice with regards to the lawful termination of a contract of employment of an employee of your company in York? Then you should consult with the employment law specialists at Oakwood Solicitors today over a no obligation call to discover how our dedicated team could offer accurate advice tailored to suit your needs.

An article published by Pay and Benefits Magazine on 29 July 2013 discussed the recent employment tribunal case ? that of Kimti v Tyne & Wear Fire & Rescue Authority [2013] All ER (D) 101 (Jul).

The article summarises that "The employee was made redundant after funding for her position was withdrawn. She brought in a lawful dismissal and discrimination claim which was dismissed."

The article explains that the employee’s position was funded by full authorities in the region which in late 2010 and early 2011 the authorities withdrew this funding in the post was identified by the employer for redundancy. The employee was informed of the race to her position and a formal consultation process was followed with no alternative job role was found by her and she was dismissed with effect from April 2011. An appeal was made to the Chief Fire Officer who concluded that her redundancy had been appropriate.

The article says that "She started proceedings on several grounds including racial discrimination and unlawful dismissal" but that the tribunal found against her. We are then informed that she appealed to the Employment Appeal Tribunal (EAT).

Has an employee brought a tribunal claim against you following the termination of their contract of employment with your organisation in York? The intelligent resourceful and highly driven legal professionals at Oakwood Solicitors could provide robust legal representation for your organisation if tribunal action is brought against you by a former employee following their dismissal.

In submitting her appeal the above-mentioned article informs us that the employee has said the tribunal "had failed to consider the comparative exercise and to consider the subconscious as well as conscious motivation for the employer’s treatment of her".

It also says that "She contended that the tribunal had been wrong in considering the issue of unfair dismissal" she felt that they had been wrong in finding that the employee had taken reasonable steps to find her alternative employment.

We are informed that the appeal would be dismissed. The article explains that "The tribunal had correctly directed itself as to the relevant legal principles and had applied them to the facts found in reaching its conclusion that the discrimination complaints failed. With regard to unfair dismissal it had been playing the open for the tribunal to find that they had not been reasonable alternative employment for the employee."

The highly qualified and experienced legal professionals at Oakwood Solicitors could provide the accurate advice and assistance that you need to ensure that you are acting lawfully and fairly during the termination of an employee’s contract of employment with your company in York negotiating and drafting settlement agreements when required and appropriate but could also provide robust legal representation if legal action is brought against you; so call our helpful advisers today to discuss our legal services in more depth on: 0113 200 9720.


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