How our unfair dismissal claims specialists can help

unfair dismissal claims frequently asked questions

To be able to bring a claim against your employer, you must have been dismissed and have at least two years’ length of service
If you have been employed continuously for at least two years, you will be entitled to certain legal rights, including the right not to be dismissed without fair reason. In the event of a dismissal, your employer must prove that the reasoning falls under one of the categories set out by the Employment Rights Act 1996, which are listed below:
  • Capability or qualifications: being unable to fulfil your job requirements, or being dishonest in your qualifications to gain the position.
  • Conduct: this includes misdemeanours such as theft of company property or information, taking time off without permission, abusive or degrading behaviour or persistent lateness.
  • Redundancy:  There are four potential issues which might make a redundancy dismissal unfair. These are if: there was not a genuine redundancy situation; the employee was unfairly selected for redundancy; there was inadequate consultation with the employee, or the employer fails to seek alternative work for the employee.
  • Statutory Illegality: This is where continued employment would result in breach of statutory law. For example, if an employee does not have the right to work, you would be able to rely on the reason of illegality for dismissal. Another example would be if you broke the law and could no longer fulfil a main part of your job role, i.e losing your driver’s licence when your job requires you to drive.
  • Any other substantial reason: This is somewhat of a “blanket” category for other legitimate reasons such as conflict of interest; personality clashes; and breakdown of mutual trust and confidence.
You may be wondering about real-life situations where somebody could be unfairly dismissed. These unfair reasons can differ depending on your workplace, but below are some examples of grounds for unfair dismissal:
  • Requesting time off to fulfil jury service
  • Joining a Trade Union
  • Being forced to take compulsory retirement without justification
  • Requesting flexibility with working hours and/or setup
  • Refusal to give up working time rights, for example to take rests or breaks
  • Applying for maternity, paternity or adoption leave/being on maternity, paternity or adoption leave
  • Whistleblowing (exposing wrongdoing in the workplace)
  • Trying to receive Working Tax Credits
Note: if you take your employer to a tribunal over unfair dismissal and they try to prove fair reasoning for any of the above scenarios, it will be up to the employment tribunal to make the final decision regarding your claim. Our unfair dismissal lawyers can discuss this with you, and any other queries you may have during the claims process.
The standard time limit for issuing an unfair dismissal claim is three months less one day from the termination of your employment. You must act quickly. It’s important to seek the advice of our unfair dismissal solicitors as soon as you can, even if you’re not sure about whether your dismissal is classed as unfair. . Then, the next step in the process where we may be able to help is getting in touch with ACAS, to start off the process with your employer. This will involve looking at “early conciliation”. This can take up to six weeks, so it’s important to act as fast as you can. In certain circumstances, our legal team can assist you in the ACAS process, or help you bring a tribunal claim for unfair dismissal following discussions with ACAS.
If you win your case for unfair dismissal/automatic unfair dismissal, the Employment Tribunal will then decide what to award you. Aside from compensation, you could possibly ask for your job back (although many people who are unfairly dismissed do not want this), or you could potentially ask for a different role with the same employer, if you wanted to. The amount of compensation you receive will depend entirely on your unique situation. Should you choose to instruct our employment law experts to handle your claim, your solicitor will give you full transparency on any monetary updates during the process.

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