Can I Win an Unfair Dismissal Claim Through an Employment Tribunal?
If you think you were unfairly dismissed from a job, you have every right to file an unfair dismissal claim against your employer by taking them to an employment tribunal so you are awarded the level of compensation you deserve.
Employment law protects employees’ rights which includes unfair dismissals. Your employer must have a good reason to fire you from a job which could be for gross misconduct. However, they cannot dismiss you for no good reason and if you have been in continuous employment in the same job for two years, your employer must respect your employment rights or you could be entitled to file an unfair dismissal claim through an employment tribunal.
If you would like to find out more on whether you have an unfair dismissal claim against your employer, the guide below offers essential information on how to establish if you have a strong case and what is involved in filing an unfair dismissal claim through an employment tribunal.
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- Guide to Unfair Dismissal Claims
- How is Unfair Dismissal Proved?
- How Strong is Your Unfair Dismissal Claim?
- What General Tests Does an Employment Tribunal Use?
- Is It Worth Filing an Unfair Dismissal Claim?
- What Are the Chances of Winning an Unfair Dismissal Claim?
- How Do I Start an Unfair Dismissal Claim?
- What Can I include in an Unfair Claim?
- Unfair Dismissal Claims Calculator
- No Win No Fee
- Why Choose Advice.co.uk To Make Your unfair dismissal Claim
- Contact Us Today
- Helpful Links
Your employer needs to have a good reason for dismissing you. Valid reasons for dismissal are clearly set out in the Employment Rights Act 1996. If you feel that your employer did not have “good reason” for firing you, the chances are that you would have a case against them for unfair dismissal. However, in order to prove your case, you must have as much evidence as possible because a tribunal would look at your claim and apply specific “legal tests” to make sure it is valid.
If your unfair dismissal claim does not pass the legal tests, a judge would not accept hearing your claim at a tribunal which is why it is so important that you seek legal advice as soon as possible if you believe you have been unfairly dismissed from your job.
You must also follow a specific procedure which includes writing a letter of grievance to your employer and you must contact ACAS and follow their code of practice all the while gathering as much proof as you can to strengthen an unfair dismissal claim. It is also worth noting that there is a short time limit attached to this type of claim which is three months from the date you were unfairly dismissed by your employer.
To speak to a specialist employment law solicitor, please contact Advice.co.uk today.
All employees who have been subjected to an unfair dismissal have the right to file a claim against an employer at a tribunal providing they have worked for them continuously for 2 or more years. An employer must under the Employment Rights Act 1996, have “good reason” to dismiss you which are detailed below:
- You lacked “capability or qualification”
- Gross misconduct which could be dishonesty, a failure to follow instructions or poor attendance
- A genuine reason for redundancy
- To continue working would contravene a “statute” – this could be that your job involves driving but you lost your driving licence
- Other valid reasons
If your employer fails to prove their reason for dismissing you was valid, you could be entitled to file an unfair dismissal claim against them at a tribunal once you have followed a necessary process which includes lodging a grievance and contacting ACAS which involves following their code of practice.
It is worth noting that an employer could dismiss you on the grounds of poor performance or they could sack you because of your conduct at work, but this does not automatically mean that a tribunal would deem the dismissal “fair”.
If you are at all concerned that your dismissal was “unfair” and need legal advice, please contact Advice.co.uk today so a specialist solicitor can listen to your case before advising you on how best to proceed bearing in mind that there is an unfair dismissal time limit of three months from the date your job was terminated associated with this type of claim.
It is essential to have as much evidence as possible when filing an unfair dismissal claim against an employer. Tribunal judges use what is referred to as “general legal tests” to establish whether claims are valid or not. If your claim does not meet the legal tests, a judge would not hear your case. In short, the more evidence you have the better your chances are of success at a tribunal.
Once your unfair dismissal claim has passed the “legal tests”, a tribunal would then hear your case and assess how much you may be owed by your employer providing your evidence is consistent bearing in mind that all too often your version of events and your employers’ version would be very different.
As such a tribunal would need to hear all the facts you present to them before making a judgement which is why your evidence and version of events that led to your unfair dismissal remains consistent.
For a tribunal judge to hear your case, there are specific legal tests they would use to establish if your claim is indeed valid. These legal tests apply to employment law and cover unfair dismissal claims which ensures your legal rights as an employee are protected. Should your unfair dismissal claim not meet all the legal tests a tribunal would look at, the chances are a judge would not allow your case to be heard at an tribunal simply because it would have little chance of success.
To find out more about legal tests that apply to unfair dismissal claims, please contact Advice.co.uk today.
Because of the changes that were made to how employment tribunals operate now allows a judge to refuse claims they believe would not succeed before they even get to the tribunal stage, you should always seek professional legal advice from the word go. The reason being that all unfair dismissal claims must pass specific legal tests for a tribunal to accept hearing the case.
Talk to an Advice.co.uk specialist unfair dismissal lawyer today to establish whether you have a strong case against your employer. We would work with you on a No Win No Fee basis taking all the financial pressure of paying for legal advice when you need it the most.
You must provide as much evidence as possible at an employment tribunal and your story must be consistent at every stage of the process. The table below provides information on what you must do and evidence you must have in order to file a successful unfair dismissal claim through a tribunal.
|Test||What a tribunal would examine||Your version of unfair dismissal|
|Your story must be consistent||Is your story detailing the events of your dismissal the same at each stage of the tribunal process, did you contradict yourself or did any event change of how you were dismissed?||Make sure there are no obvious gaps in your version of your dismissal?
Does everything make sense
|Is your evidence consistent with your story?||The story you provide a tribunal must be the same in each of the following:|
• Your letter of grievance
• Notes taken during disciplinary meetings
• Your ET1 form
• Your verbal account at the employment tribunal
|If anything differs in any of the stages, you must have good reason for the differences|
|Is your story consistent with any and all other evidence?||Does your story fit in with all the evidence that other people provided the employment tribunal - this could be a medical report provided by a doctor or other medical professional||Should any of your evidence not match what you tell the tribunal, you must be able to explain why this is so|
|Is the evidence you provide the employment tribunal well detailed?||An employment tribunal would want to establish that the evidence you are presenting is believable||You must be able to explain why you cannot recall in detail what occurred|
|If any of the evidence you provide a tribunal appears to be hazy, and you are unable to remember details of what occurred, , the tribunal may find it hard to believe your story||If you find it hard to remember what occurred, you should ask witnesses if they are willing to provide statements of what they saw occur|
If you think you have been unfairly dismissed from your job, you should seek legal advice as soon as possible because you have 3 months from the date your employer dismissed you to file an unfair dismissal claim through an employment tribunal. If you are in Northern Ireland, you would file your claim at an industrial tribunal.
You should try to resolve the issue with your employer and raise a grievance that outlines your concerns. If this fails, the next step is to start proceedings against an employer by contacting ACAS and then to follow their code of practice regarding disciplinary and grievance procedures.
Should your employer ignore or refuse to resolve your grievance, the next step is to contact Advice.co.uk so a specialist unfair dismissal solicitor can advise you on how best to proceed with your claim at an employment tribunal, bearing in mind that the time limit would begin again if any mediation through ACAS failed.
Having been unfairly dismissed from your job, your entitlements are explained below:
- Over the age of 41 – your entitlement is 1.5 weeks’ pay for every year you were employed
- Between the age of 22 and 40 – your entitlement is 1 weeks’ pay for every year you were employed
- Under the age of 22 – your entitlement is ½ weeks’ pay for every year of employment
Additional awards for unfair dismissal include a compensatory award and other losses you may have incurred as a direct result of losing your job which are detailed below:
- loss of earning – including all employee benefits
- loss of future wages – depending on whether any steps to mitigate your losses were taken and if you found other employment
- Loss of statutory rights
- loss of pension
|Maximum that can be awarded in the basic award|
|6 April 2018 – 5 April 2019||£15,240|
|6 April 2017 – 5 April 2018||£14,670|
|6 April 2016 – 5 April 2017||£14,370|
|6 April 2015 – 5 April 2016||£14,250|
|6 April 2014 – 5 April 2015||£13,920|
Automatically unfair dismissal awards
|Minimum Award for automatically Unfair Dismissals||Maximum Award for Automatically Unfair Dismissals|
|6 April 2018 – 5 April 2019||£6,203||£15,240|
|6 April 2017 – 5 April 2018||£5,970||£14,670|
|6 April 2016 – 5 April 2017||£5,853||£14,370|
|6 April 2015 – 5 April 2016||£5,807||£14,250|
|6 April 2014 – 5 April 2015||£5,676||£13,920|
|6 April 2018 – 5 April 2019||£83,682|
|6 April 2017 – 5 April 2018||£80,541|
|6 April 2016 – 5 April 2017||£78,962|
|6 April 2015 – 5 April 2016||£78,335|
|6 April 2014 – 5 April 2015||£76,574|
|Minimum Order for Additional Awards||Maximum Order for Additional Awards|
|6 April 2018 – 5 April 2019||£13,208||£26,416|
|6 April 2017 – 5 April 2018||£12,714||£25,428|
|6 April 2016 – 5 April 2017||£12,454||£24,908|
|6 April 2015 – 5 April 2016||£12,350||£24,700|
|6 April 2014 – 5 April 2015||£12,064||£24,128|
Legal advice is expensive which puts many people off seeking legal representation when they want to file an unfair dismissal claim. At Advice.co.uk, we work with our clients on a No Win No Fee basis which means you don’t have to find the funds to pay a retainer or upfront fee for a specialist unfair dismissal solicitor to start working on your case.
Signing a Conditional Fee Agreement (CFA) means you would only pay for our legal services and representation if your employment tribunal claim is successful and we would deduct the agreed fee directly from the amount you are awarded. If your unfair dismissal claim is unsuccessful, you would have nothing to pay at all.
You can call us, request a “call back” or send an email to find out how Advice.co.uk can help with an unfair dismissal claim against an employer.
Our team of legal advisors are experts in their fields and work hard at an employment tribunal to ensure you receive the level of compensation you deserve having been unfairly dismissed by an employer. We are recognised nationwide as being trustworthy and reliable free employment law advice providers having worked on many successful unfair dismissal claims for clients in the past.
Our claims lines are open 7 days a week from 9am to 9pm and at Advice.co.uk, we provide an initial consultation that’s free of charge. We would work with you on a No Win No Fee basis taking all the worry of funding legal representation when you need it most off the table.
We are recognised by The Law Society and the Solicitors Regulation Authority (SRA). Call us today to find out how we can help you with your unfair dismissal claim.
Call us today on TEL NUMBER to find out if you have a case for unfair dismissal against your employer.
You can also request a “call back” by filling out the form provided at the top of the page and a specialist unfair dismissal solicitor will answer any questions and queries you have regarding unfair dismissal claims as soon as possible.
If more convenient, you can email us at firstname.lastname@example.org
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To read more about “general legal tests” a tribunal carries out on unfair dismissals, please follow the link below