Employees who have been employed for two years or more have a right to not be unfairly dismissed from work. If you have been dismissed for a reason that you do not believe is fair, you could have a potential claim against your employer and you may be entitled to compensation.
Potential fair reasons for dismissal are:
Even if your dismissal fits one of the above categories, it may still be deemed unfair. Please contact Oakwood Solicitors as soon as possible to speak to one of our Employment advisors.
The law does require employees to have two or more years of service in order to be eligible to pursue an Unfair Dismissal claim.
However, there are some circumstances in which a dismissal may be deemed ‘Automatically Unfair’. In these circumstances, the requirement of being employed for more than two years is overlooked.
Automatically unfair reasons to dismiss an employee can include dismissal as a result of:
If you believe the reason for your dismissal was unfair, you should appeal against the decision as soon as possible.
Your employer should have advised you on how you can appeal the decision and what your deadline to appeal is. Your Company Staff Handbook should also provide details on the internal appeals process.
If you need advice on drafting an appeal, please contact Oakwood Solicitors as soon as possible so we can put you in touch with one of our employment advisors.
The Employment Tribunal can award a successful Claimant the following remedies in relation to an Unfair Dismissal:
Generally, an employee must start ACAS Early Conciliation within three months less a day from the incident or decision (in this case dismissal) that they wish to complain to their employer about, even if the dismissal appeal process is still ongoing.
If an employee does not start ACAS Early Conciliation within that time period then they may be prevented from bringing a claim against their employer before an Employment Tribunal. It is important that you seek legal advice as soon as you are able to ensure that you do not inadvertently pass the time frame in which you have to bring a claim before an Employment Tribunal.
Unfair Dismissal claims can often be complex and therefore, establishing the time limit you have to pursue you claim is not always straightforward. Please contact Oakwood Solicitors as soon as possible so that we can assist you to act in the relevant time limit.
Please contact Oakwood Solicitors Ltd as soon as possible for a free initial review of your potential claim. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.
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