Unfairly Dismissed? Get Expert Employment Law Advice Today

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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:

• 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 Ltd 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:

• 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

If you believe the reason for your dismissal was unfair, you should appeal against the decision as soon as possible, in line with your employer’s disciplinary policy.

Your employer should have advised you on how you can appeal the decision and what your deadline to appeal is. Again these should be detailed in the disciplinary policy.

Your employer’s disciplinary policy (which is likely found in the Company Staff Handbook) should also provide details on the internal appeals process.

If you need advice on drafting an appeal, please contact Oakwood Solicitors Ltd as soon as possible so we can put you in touch with one of our qualified employment advisors.

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 (an order from the Tribunal that states your employer should reinstate you on the same terms and conditions prior to your dismissal)
• Re-engagement (an order from the Tribunal that states your employer should re-engage you, perhaps on new terms or a different job role at a different site than your previous role).

Reinstatement and re-engagement are not common outcomes awarded by the Tribunal.

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 your claim is not always straightforward.  Please contact Oakwood Solicitors as soon as possible so that we can assist you to act within the relevant time limit.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign a female advisor to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.