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Unfair Dismissal Frequently Asked Questions (FAQ's)

Unfair dismissal and employment law

You think you've been unfairly dismissed?

Check out the 11 questions and answers below to find out what to do next.

You can consider bringing a claim before an Employment Tribunal if you have been dismissed. The most common types of claim arise when you have been dismissed by your employer or when you resign and claim to be constructively dismissed.

There are criteria. You must be an employee and you must have worked for at least 2 years.

The most common cases arise from dismissals for misconduct, health capability, and unfair selection for redundancy.

Constructive unfair dismissal cases can arise in many ways based upon individual circumstances, for example a person might resign in response to bullying or other unfair personal treatment, such as discrimination. The treatment by the employer must amount to a serious breach of your contract of employment, including a breach of the bond of trust and confidence.

If you are thinking about resigning you should take urgent advice and think very carefully about the steps you take. A case can only be pursued if you resign promptly for reasons relating to your employer`s conduct towards you.

Each case will need consideration on its own facts. The legal test requires a Tribunal to decide if the dismissal was reasonable in all of the circumstances.

There are many factors to consider, including the quality of the investigation, the procedure (inc compliance with the ACAS Code of Practice), the basis for the employer`s belief in guilt, and the fairness of the sanction imposed. This will include consideration of your length of service and your employment record.

Different cases will raise specific factors. A medical capability case will raise medical related questions, and an unfair redundancy selection case will require a focus upon the criteria and method of selection.

 

Yes, most Tribunal claims need to be commenced within 3 months after the date of dismissal, and that includes starting Early Conciliation through ACAS. It is always better to take urgent advice and not to wait until close to the end of the 3-month period.

You should appeal any decision from your employer and follow through a procedure to a conclusion. If you are offered an appeal, make sure that you present the appeal within the time period specified.

The procedure can impact upon the fairness of your dismissal and can impact upon the level of compensation to be awarded by a Tribunal.

The most common remedy is financial compensation, look at our unfair dismissal page for further information on the types of award.

A Tribunal can also order re-instatement or re-engagement, but it is uncommon.

We will discuss the different funding options with you and determine the best approach on the facts of your case. We do act on a no win no fee basis for clients based upon a careful analysis of the issues arising in an individual claim.

On occasions an employer can dismiss a person unfairly and it can also be an act of unlawful discrimination. This is commonly the case in claims involving medical capability which can overlap with allegations of disability discrimination. This kind of case can require specific legal advice, including as to the applicable time limit in which a claim must be brought. Do not delay in seeking legal advice.

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