An unfair dismissal occurs when you are dismissed but your employer did not have a fair reason to dismiss you or acted unreasonably in the circumstances by failing to follow a fair dismissal procedure. Potentially fair reasons include: misconduct, capability (including sickness), redundancy or for some other substantial reason such as a restructuring. Only employees have the right not to be unfairly dismissed. In most circumstances you will need to have at least 2 year’s continuous service with your employer to be able to make a claim to an employment tribunal. However, there are certain types of dismissals that are considered automatically unfair (and do not require a minimum length of service) such as being dismissed for whistleblowing or for a reason related to pregnancy or maternity leave.
If you believe you have been unfairly dismissed, you must make a claim to an employment tribunal within three months of the date of your dismissal. This is a strict legal deadline. You must also complete the ACAS pre-claim conciliation process before being allowed to submit your claim to an employment tribunal. It is therefore vital to obtain legal advice as soon as possible.
How can we help you?
We have extensive experience of handling unfair dismissal claims and can provide you with comprehensive advice on your options including the amount of compensation you might receive if you win. We can also help you with any settlement negotiations as an alternative to bringing a claim.
We will always offer you a FREE, no-obligation telephone consultation followed by a reduced fixed fee meeting to give you comprehensive advice and support on your employment issues.
We can advise you either by telephone or at a face-to-face meeting at our offices. We also offer out of hours and weekend appointments to help you to obtain early advice and support.