Healthcare professionals – Unfair dismissal

In cases of unfair dismissal of doctors in the NHS, we have often found that NHS Managers have acted unfairly or have not followed proper procedure. As a result of which they have breached their ‘Code of Conduct’ in unfairly dismissing you. If you feel that your employer has dismissed you unfairly, it is crucial to seek advice and assistance early in the process since the deadline for issuing an unfair dismissal claim is 3 months less one day from the effective date of termination.

If you were employed on or after 6 April 2012, you will generally need to complete 2 years’ service before you can bring a claim for unfair dismissal. However, in certain circumstances there are special rules for people who have worked for their employer for less than the required amount of time.

It is important to keep all records of conversations, notes of meetings, emails and other documents that might assist you in proving your case including a copy of your contract of employment.

There are five potentially fair reasons for dismissal which include;

• Conduct

• Capability

• Redundancy

• Breach of a statutory restriction

• Some other substantial reason

The mere fact that an employer may categorise a dismissal as one of the above ‘fair reasons’ does not mean that your dismissal is automatically fair. It is important to consider the ‘real’ reason as to why an employee has been dismissed and the procedures adopted by an employer prior to this.

Contact us on 01204 565 006 for information regarding a wide range of legal services for doctors and other healthcare professionals.

Alternatively email us on enquiries@lexadeen.co.uk

Employment law solicitors with offices in Stoke, Staffordshire and Bolton, Lancashire