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Unfair Dismissal

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If you have been dismissed from work and you believe the reason or reasons for your dismissal was unfair, you may have a claim for Unfair Dismissal.

 

Can anyone claim Unfair Dismissal?

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.

Unfair Dismissal

 

What are considered fair reasons for dismissal?

Potential fair reasons for dismissal are:

    • A reason related to an employee’s conduct
    • A reason related to an employee’s capability or qualifications for the job
    • Redundancy
  • A statutory duty or restriction prohibiting the employment being continued, such as the employee no longer having the right to work in the UK
  • Some other substantial reason of a kind which justifies the dismissal.

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.

 

Do I need to work for my employer for two years or more before I can claim?

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:

  • Being pregnant or on maternity leave
  • Wanting to take family leave, for example parental, paternity or adoption leave
  • Being a trade union member or representative
  • Asking for a legal right, for example to be paid the National Minimum Wage
  • Doing jury service
  • Being involved in whistleblowing
  • Taking action, or proposing to take action, over a health and safety issue

 

Should I appeal my dismissal?

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.

 

Pursuing your claim in the Employment Tribunal

The Employment Tribunal can award a successful Claimant the following remedies in relation to an Unfair Dismissal:

  • Compensation, including loss of earnings and loss of pension rights
  • Reinstatement
  • Re-engagement

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Time limits

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.

 

WHAT TO DO NEXT

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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Quick Facts

  • You must claim within 3 months of dismissal
  • You must have been employed for more than 2 years
  • Dedicated and highly skilled Employment Law team
  • All Personal claims undertaken
  • Free advice from a qualified solicitor
  • High success rate for clients
  • National coverage

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Ben Palmer

Solicitor and Head of Employment

0113 200 9776

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