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Unfair Dismissal

Have you been unfairly dismissed by your employer?

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  • Initial consultation available
  • In-house team of employment experts

The experts in unfair dismissal claims

Oakwood Solicitors Ltd has a dedicated team of leading Employment law solicitors and support staff, helping clients nationwide.

We are able to offer expert advice on all potential claims you may have against your employer, in both Employment Tribunals and the Civil Courts. We work to maximise your damages whilst keeping all costs to a minimum.

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.

Unfair dismissal

What is unfair dismissal?

Unfair dismissal is when your employer has dismissed you from your job role without good reason or by failing to follow the companies disciplinary policy.

An example of this could be that you have been dismissed after your employer found out you joined a trade union, or you requested time off work for maternity leave.

As an employee, laws are in place to protect you from being dismissed unfairly at work, especially if you have been employed with the company for more than two years.

Your dismissal may be unfair if you have been dismissed due to one of the following:

  • Asked for flexible working
  • Refused to give up your working time rights – for example, to take rest breaks
  • Resigned and gave the correct notice period
  • Joined a trade union
  • Took part in legal industrial action that lasted 12 weeks or less
  • Needed time off for jury service
  • Applied for maternity, paternity and adoption leave
  • Were on any maternity, paternity and adoption leave you’re entitled to
  • Tried to enforce your right to receive Working Tax Credits
  • Exposed wrongdoing in the workplace (whistleblowing)
  • Were forced to retire (known as ‘compulsory retirement’)

Automatic unfair dismissal 

Automatic unfair dismissal is when the requirement of being employed for more than two years is overlooked. This means you will be able to make a claim against your employer even if you have not worked there for at least two years.

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

What is fair dismissal?

Fair dismissal is when an employer has made a decision to dismiss you from your job role within their rights. This could include the following:

  • 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
Unfair dismissal

Who can claim unfair dismissal?

To claim for unfair dismissal you must be an employee who has been dismissed. An employee is  is an individual carrying out work under a contract of employment.

 

You don’t count as an employee and therefore can’t make a claim, if you are:

  • self-employed
  • an agency worker or classed as a ‘worker’
  • a police officer or in the armed forces
  • a registered dock worker
  • working overseas or for a foreign government

 

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.

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 Ltd as soon as possible to speak to one of our Employment advisors.

How to prove that the dismissal reason was not the real reason?

It can be difficult to prove that the reason for your dismissal was unfair, but the team at Oakwood Solicitors are on hand to assist with this.

If you can prove there was an underlying reason for your dismissal, for example, you had recently requested a change to your hours before you were sacked, this may be used as evidence in your claim.

Unfair dismissal

Frequently Asked Questions

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.

Employees who have been employed for two years or more have a right to not be unfairly dismissed from work.

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, 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.

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 (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.

What time limits apply to me submitting my claim?

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.

How much compensation for unfair dismissal?

If you have been dismissed unfairly, you might be entitled to make a claim against your employer.

How much compensation you receive will depend on the circumstances and your losses, but it is usually awarded as a compensatory award and a basic award.

 

Compensatory Award

The compensatory award is usually the larger of the two elements and is awarded by a tribunal to compensate you for losses you have sustained as a result of your employer’s unfair actions.

The maximum ‘compensatory’ award in the tribunal for unfair dismissal is one year’s salary, or £105,707, whichever is lower (from 6 April 2023).

However, you have a duty to mitigate your loss, which means that if you get a new job straight away on the same or more money, you won’t be entitled to any compensatory award at all.

 

Basic Award

The other element of unfair dismissal compensation is a ‘basic award’. This is similar to statutory redundancy pay – and is:

  • 1.5 weeks’ pay per year of service from age 41
  • 1 week’s pay for each year of service if you are aged 22 – 40
  • 0.5 week’s pay for each year served if you are under 22 years

This payout is based on your gross weekly pay when you were dismissed up to a maximum of £643  (whichever is lower) per year of service.

This is unlikely to amount to much unless you’ve been with your employer for a long time and the payout is capped at a maximum of £19,290. (All figures  from 6 April 2023.)

Often it is better to try to remain employed rather than quit or be fired, that way you can leverage a higher settlement payout from your employer because they will effectively pay you to leave.

Why should I choose Oakwood Solicitors Ltd?

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.

Extremely Helpful

I highly recommend Oakwood Solicitors. I will definitely use their services again should the need arise. Thank you!

- Ana C

Professionalism complemented by personal care

The professionalism and personal care from Oakwood has meant a lot during a difficult time so I have no hesitation in recommending them.

- David George

Fiona Almazedi
Fiona Almazedi- Solicitor and Head of Employment
Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024. Fiona has over 20 years of experience in Employment Law both contentious and non-contentious matters. Qualifying as a solicitor in 2006, Fiona has for many years successfully represented Claimants nationally and locally and covers all areas of Employment Law, including complex Whistleblowing and Discrimination, Unfair Dismissal and TUPE. Fiona has extensive experience of all aspects of the Employment Tribunal process and regularly represents Claimants and Respondents at Final and Preliminary hearings and has secured many high value awards for her Clients over the years.
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