Unfair Dismissal

Whenever an employee is fired there always has to be due process. The employer must work in a fair and accurate manner to ensure that all avenues are covered, even when investigating a case of obvious gross misconduct.

When is a dismissal fair?

The law states five reasons for fair dismissal which are:

  • Misconduct at work
  • Lack of capability or qualifications
  • Redundancy
  • A statutory requirement
  • Some other substantial reason

If your case falls outside of these five reasons then you may still have a legitimate position to challenge your former employer.

What is constructive dismissal?

There are many types of dismissal that may seem unfair but constructive dismissal is when an employee resigns due to a breach in contract by their employer. These cases are far more harder to fight in terms of unfair dismissal but it is always worth consulting your solicitor.

What is wrongful dismissal?

Slightly different to unfair dismissal, wrongful dismissal is when a contract’s terms are explicitly breached such as terminating a contract contrary to its terms.

How can I claim unfair dismissal?

In order to claim for unfair dismissal, you must have been working for your employer for a ‘qualifying’ time period, usually 2 years. There are some exceptions to this rule but your employment solicitor can help you with this on a case-by-case basis.

In addition to a time frame on length of service, there is also a time limit for lodging a claim. You must lodge a claim to the Tribunal within 3 months less one day from your date of termination of the contract.

Failure to do so will mean your claim will be rejected.

What happens if I win my unfair dismissal claim?

There are numerous outcomes if the Tribunal votes in favour of your unfair dismissal claim. You could:

  • Be reinstated in your old job
  • Receive compensation
  • Gain another job with the same employer

If looking for compensation it is worth noting that the compensation is capped to 52 weeks of pay or just over £80,000. It is a rarity that the Tribunal will offer the maximum amount but instead offer the amount for loss of earnings to date.

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