Unfair Dismissal Guide – Employment Law

What is unfair dismissal?

If you believe you have a strong case for unfair dismissal, you should seek legal advice as soon as possible because there is a 3 month time limit associated with this type of claim. To speak to an Advice.co.uk expert who specialises in unfair dismissal employment law, please contact us today.

Employment law is complex and proving whether you have been unfairly dismissed can be challenging. There are specific procedures that must be followed before an employment tribunal would accept your claim for unfair dismissal. To find out more about these procedures and how to go about filing a wrongful dismissal claim, please click on the Select a Section below.

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Guide to Unfair Dismissal Claims

Unfair dismissal

Unfair dismissal claims

If you believe you have been wrongfully dismissed from your job and are wondering if you can file an unfair dismissal claim against your employer, you should seek legal advice as soon as possible because there is a very short time limit associated with this type of claim.

Unfair dismissal claims can be complex and there is a lot of information that needs to be gathered in order to satisfy an unfair dismissal employment tribunal that you were fired for no good reason. An employer must have “good reason” to dismiss you and if they do not, you could then have every right to question their decision by taking out a unfair dismissal claim against them.

However, there are specific steps you must take in order to prove your case and you must have worked for an employer continuously for 2 years which is referred to as a “qualifying time”. This would entitle you to file a claim although there are exceptions to this “rule” which are covered by the automatic unfair dismissal rule. This includes having been sacked because you were pregnant, discriminated against whether because of your religious beliefs, you were pregnant, had too much time off work or it involved sex discrimination.

To speak to an unfair dismissal expert who has years of experience representing clients in unfair dismissal claims, please call us today.

Who Can Claim Unfair Dismissal?

Under UK employment law, you can only file an unfair dismissal claim against an employer if you have worked for them for what is referred to as a “unfair dismissal qualifying period”. However, there are exceptions to this rule which fall under an “automatic unfair reason” which in short, means that even if you have worked for less than the “qualifying period” of 2 years, you would still have every right to file an unfair dismissal claim against your employer.

The “unfair dismissal qualifying period” is detailed below:

  • Employees can claim for unfair dismissal after their first year of employment if they started working for an employer before the 6th April 2012
  • Employees can claim for unfair dismissal after their second year of employment if they started working for an employer after 6th April 2012

If you have more questions about the “qualifying period” and any exceptions that fall under “automatic reasons for unfair dismissal”, please contact Advice.co.uk today.

What Constitutes An Unfair Dismissal? View This Video

If you believe you have been unfairly dismissed by an employer, you should seek legal advice as soon as possible because of the short unfair dismissal time limit associated with this type of case. The Youtube video below provides useful information on what constitutes unfair dismissal:

What Evidence Do You Need to Have?

When it comes to proving you were unfairly dismissed from your job by an employer, you should seek legal advice straight away because there is a short time limit associated with this type of case. Unfair or wrongful dismissal claims can be complex and it’s important to have all the relevant information leading up to the time you were fired from a job for a case to succeed at a tribunal. An employer must have a good reason for dismissing you and if they do not, you could be entitled to file an unfair or wrongful dismissal claim against them, but it is not enough that you “feel” you were unfairly dismissed. An unfair dismissal employment tribunal would consider several legal “tests” before deciding whether you would be entitled to file a claim. These legal tests are as follows:

  • Does your employer believe you are guilty of misconduct and are their beliefs genuine?
  • Did your employer carry out an investigation?
  • Were there reasonable grounds for your employer to believe you are guilty of misconduct?
  • Does your dismissal constitute a realistic response to your misconduct?

Other legal tests a tribunal would look at when it comes to unfair dismissal claims are covered by employment law and are referred to as “general legal tests” and your claim must satisfy these tests before being judged by a tribunal.

Can I Claim For Unfair Dismissal When Pregnant?

It would be fair to say that many employers choose not to admit that they dismissed someone from their job because they were pregnant. If you were fired because you were pregnant and decide to make a claim against your employer for unfair dismissal, it would be up the employer to prove that they sacked you for “fair reason” and not because of discrimination.

With this said, there are specific tests that a tribunal will apply to your unfair dismissal claim which includes your length of service. However, there are exceptions which fall under the category of “automatic unfair reason for dismissal” and pregnancy falls into this category while at the same time being considered by law to be “discrimination” which would allow you to file a separate unfair dismissal claim against your employer.

When it comes to automatically unfair dismissal claims, there are specific things that you need to have done which are detailed below:

  • You must have proof you told your employer you were pregnant
  • You could have a sick note that was handed to your employer which was provided by your doctor although it is better to have told an employer yourself
  • Proof you gave your Maternity Certificate Mat B1 form to your employer (a copy of the form would be sufficient) which sets things in place for you to claim your Statutory Maternity Pay

To find out how an Advice.co.uk unfair dismissal expert can walk you through what is often a complex legal procedure, please contact us today.

Unfair Dismissal After an Accident at Work

Under normal circumstances, an employer would not run the risk of being sued for unfair dismissal by an employee should they file for compensation following an accident in the workplace that left them injured. Most employers appreciated that all employees have the right to seek unfair dismissal compensation should they suffered an injury at work and would have the necessary insurance in place to cover such cases.

If you were dismissed because you filed a claim for compensation when you were injured in the workplace, you would have every right to question their actions and to seek legal advice on your rights when it comes to unfair or wrongful dismissal. Call us today to find out how Advice.co.uk can help establish if you have a strong case to file a claim against your employer for unfair dismissal and an expert in employment law with years of experience handling successful unfair dismissal claims can walk you through what is often a complex legal procedure.

I Got Dismissed After Accident at Work Can I Claim Compensation?

UK employment law clearly states that you cannot be dismissed from your job because you filed a claim against an employer following an accident at work. If you have worked for an employer for 2 years or more, you could be entitled to file an unfair dismissal claim for compensation against them. When it comes to unfair dismissal less than 2 years, you could still be entitled to file a claim.

To find out more about being unfairly dismissed because you filed a claim for unfair dismissal compensation having been injured in the workplace, please get in touch with us today.

What Can I Claim For if I Am Unfairly Dismissed?

If you have been unfairly dismissed from your job and decide to file for compensation through an employment tribunal, the maximum you could be awarded is currently capped at £80,541 or 52 weeks gross pay based on which is the lower amount. It is worth noting that this amount is in addition to what is referred to as a “basic award” that an employment tribunal could award which is currently an unfair dismissal maximum award of £14,670.

Basic awards are statutory and they are calculated by multiplying specific and relevant factors which includes your length of continuous service with the maximum being 20 years, your week’s salary at the time your were dismissed and your age. The unfair dismissal compensation calculation is detailed below:

  • If you are 41 – you would be entitled to 1½ weeks’ pay for every year worked
  • If you are between 22 and 40 – you would be entitled to 1 weeks’ pay for every year worked
  • If you are under 22 – you would be entitled to ½ a week’s pay for every year worked

The weekly wage that’s used to calculate redundancy payments is the amount received when unfairly dismissed and the maximum is £508 (correct at 2018). The weekly wage would not include overtime with the maximum amount awarded for a basic award being £15,240.

It is also worth noting that an employment tribunal has the right to reduce a basic award should it be found that your conduct in the workplace came into play before you were dismissed from your job even if it did not directly affect the fact you were fired. A tribunal may also reduce a basic award if the reason for your dismissal was due to redundancy and would do so by the amount you received in your redundancy payment. Should an employer fail to convince a tribunal that you are dismissal was due to redundancy, the tribunal would not make any such reductions in your basic award.

When it comes to “compensatory awards”, once a tribunal has granted a basic award, they could then deal with these which tend to be that much larger. Under the Employment Right Act, an employment tribunal would take into consideration the consequences of an unfair dismissal action on the part of your employer which are detailed below:

  • Loss of wages – this includes any contractual benefits like a company car, private health insurance and could include non-contractual benefits providing there is reasonable expectation that you were going to receive them
  • Loss of future wages
  • Loss of your statutory rights – you would have unfair dismissal protection or qualify for redundancy payment before 2 years have elapsed
  • Loss of pension
  • Loss of commission/bonus – these could be included even if the payments were discretionary but it was reasonably implied you would receive them

Call us today to find out how an Advice.co.uk unfair dismissal expert can help you calculate the amount of compensation you could be entitled to receive through an employment tribunal.

What is the Time Limit to Make a Claim for Unfair Dismissal?

There is a unfair dismissal time limit associated with this type of claim which is set at 3 months less one day from the date you were dismissed from your job which is typically the very last day you received your pay or it could be the last time your employer discriminated against you causing you to file an unfair dismissal claim against them.

To find out how an  Advice.co.uk expert who specialises in unfair dismissal claims can help you through the process, please contact us today.

No Win No Fee Unfair Dismissal Claims

Working with a solicitor having signed a Conditional Fee Agreement (CFA) means you do not have to worry about finding the funds to pay for legal representation when you need it most should you believe you have been unfairly dismissed from your job. It allows everyone the chance to seek unfair dismissal compensation they deserve.The only time a payment would need to be made, is when an employment tribunal rules in your favour. Should your case be unsuccessful, there would be nothing to pay at all for the legal representation provided by a specialist unfair dismissal solicitor.

 

Call us today to find out how we can provide legal representation on a No Win No Fee basis. At Advice.co.uk, we offer free employment law advice when you need it most.

Why Choose Advice.co.uk To Make Your unfair dismissal Claim

At Advice.co.uk our team of experts work hard to get you the level of compensation you rightly deserve having been unfairly dismissed from a job. We work with you on a No Win No Fee basis which means we provide you with legal representation when you need it most without having to ask you for a retainer or upfront fee. There would be nothing to pay until an employment tribunal rules in your favour and awards you the level of compensation you deserve. Should the case go against you, there would be nothing to pay at all.

We are recognised throughout the country as being reliable, trustworthy legal advice providers and the solicitors we work with are recognised by the Solicitors Regulation Authority (SRA) as well as The Law Society. Our claims lines are open 7-days a week from 9 am to 9 pm so an expert in unfair dismissal claims never misses your call.

We offer clients the opportunity of discussing an unfair dismissal claim in an initial, free, no obligation consultation which allows an expert the chance to assess the case before advising on the best way to proceed.

Call us today to find out how Advice.co.uk can help you through what is often a complex legal process.

Contact Us Today

If you feel you have been unfairly dismissed from your job, you can call us on 0161 696 9685, or you can request a “call back” by filling out the form at the top of the page.

Our email address is contact@advice.co.uk, an expert who specialises in unfair dismissal claims will get in touch as soon as possible.

Helpful Links

To find out if you have a strong case to file an unfair dismissal claim please click on the link below:

Check if your dismissal is fair

To find out what you should do if you feel you were unfairly dismissed, please click on the link below:

What to do if you feel you have been dismissed unfairly

To read more about “general legal tests” a tribunal carries out on unfair dismissals, please follow the link below

More about general legal tests

To read more about employment law UK, please follow the link below:

More about employment law