Best Hiring & Firing Lawyers in Bournemouth

About Hiring & Firing Law in Bournemouth, United Kingdom

Hiring and firing employees in Bournemouth, United Kingdom is governed by employment law that aims to create a fair work environment for both employers and employees. These processes are subject to national legislation, primarily the Employment Rights Act 1996, as well as local employment practices. Employers must follow legal requirements during recruitment and when terminating contracts, to avoid claims of unfair or wrongful dismissal and discrimination.

Why You May Need a Lawyer

Hiring and firing issues can quickly become complex and contentious. People often seek legal advice in the following situations:

• They suspect they have been dismissed unfairly or wrongfully.
• Employers face claims of discrimination during the recruitment process.
• There are disputes over redundancy procedures or settlement agreements.
• Employers or employees need guidance on following legal procedures for notice periods or disciplinary action.
• Employees are unsure about their employment rights or protected characteristics.
• Employers wish to ensure their employment contracts and handbook comply with legal standards.
• Employees believe they have been dismissed due to whistleblowing or for asserting a statutory right.
• Handling allegations of gross misconduct or capability issues.
• Employers or employees face issues regarding probationary periods or performance management.
• Clarifying the correct processes for TUPE (Transfer of Undertakings Protection of Employment) if a business is sold or transferred.

Local Laws Overview

While Bournemouth follows the national UK employment legislation, there are specific considerations for local businesses and employees. Key points include:

• All employers must provide a written statement of employment particulars on or before the first day of employment.
• It is illegal to discriminate, directly or indirectly, during the hiring or firing process based on protected characteristics under the Equality Act 2010.
• Employers must follow a fair procedure when dismissing an employee, which may include investigation, a hearing, and the right of appeal.
• Employees with two or more years of service generally have the right to claim unfair dismissal, except in certain circumstances such as gross misconduct.
• Redundancy processes require lawful consultation, the use of fair selection criteria, and the payment of statutory redundancy pay where applicable.
• Bournemouth has a diverse workforce, so attention to equality, diversity, and inclusion is particularly relevant for local employers.

Frequently Asked Questions

What are my basic rights when being hired in Bournemouth?

You have the right not to be discriminated against during the recruitment process and to receive a written statement of employment particulars outlining your main terms and conditions from your employer.

What is unfair dismissal?

Unfair dismissal occurs when an employer terminates your contract without a fair reason or without following the correct procedure, as outlined in UK employment law.

Can I claim unfair dismissal if I have worked for less than two years?

Generally, the right to claim unfair dismissal arises after two years of continuous employment. There are exceptions, such as dismissal for whistleblowing or for reasons related to discrimination.

What steps must an employer take before firing someone in Bournemouth?

Employers should carry out a fair investigation, hold a disciplinary meeting, allow the employee to respond, make a decision, and offer a right of appeal. They must also provide adequate notice unless dismissal is for gross misconduct.

What constitutes discrimination in hiring or firing?

Discrimination occurs if decisions are made based on protected characteristics such as age, sex, race, disability, religion, pregnancy, or sexual orientation, rather than a person's skills, qualifications, or performance.

Is redundancy the same as being fired?

Redundancy is a form of dismissal used when a role is no longer required or the business is restructuring. It must follow fair selection and consultation procedures, with statutory redundancy pay if eligible.

What should I do if I am offered a settlement agreement?

Always seek independent legal advice before signing a settlement agreement, as it usually involves waiving your rights to bring future claims against the employer.

Can an employer fire me without notice?

Employers can only dismiss without notice (summary dismissal) in cases of gross misconduct. Otherwise, statutory or contractual notice must be given.

What are the risks of not following correct firing procedures for employers?

Employers risk claims for unfair dismissal, wrongful dismissal, or discrimination. This can lead to compensation awards, reputational damage, and potential regulatory penalties.

Where can I find help if I think my employment rights have been breached?

You can contact the Advisory, Conciliation and Arbitration Service (ACAS), Citizens Advice Bureau, or seek advice from an employment solicitor.

Additional Resources

If you need further information or support regarding hiring and firing issues in Bournemouth, you may find the following resources helpful:

• Advisory, Conciliation and Arbitration Service (ACAS) - offers free and impartial advice on workplace rights, rules, and best practices.
• Citizens Advice Bournemouth Christchurch and Poole - provides local face-to-face support for employment rights concerns.
• Employment Tribunal - handles claims of unfair dismissal, discrimination, and other employment disputes.
• Equality and Human Rights Commission - promotes and enforces the laws that protect everyone's right to fairness and dignity at work.
• Local employment law solicitors - offer specialist legal advice tailored to your individual situation.

Next Steps

If you require legal assistance with a hiring or firing issue in Bournemouth, begin by gathering all relevant documentation such as your employment contract, letters of dismissal or redundancy, and any written communication related to your case. Consider contacting ACAS for initial guidance, and if necessary, consult with a local employment solicitor who can provide expert advice tailored to your situation. Many solicitors offer a free initial consultation to discuss your case. Acting promptly is important, as there are strict time limits for bringing certain claims, such as unfair dismissal or discrimination. Protect your rights by staying informed and seeking professional help when needed.