When claiming unfair dismissal to bring a case, there is a minimum requirement of at least 2 years of continuous service. If you do not have the minimum 2 years' you would be unable to bring a claim for unfair dismissal before an Employment Tribunal.
There are however exceptions to this 2 year rule, e.g. whistleblowing, pregnancy/maternity or for other reasons arising from unlawful discrimination.
There are 5 ordinary potential reasons your employer is able to fairly dismiss an employee:-
- Capability (including ill-health)
- Conduct (e.g. gross misconduct)
- SOSR (Some other substantial reason) (usually in business restructure cases)
- Statutory Requirement (unlikely to be applicable)
Factors relevant to the question of the reasonableness of the dismissal:-
- Facts of the case, such as whether there was misconduct or a person has had time off due to ill-health
- Whether the employer conducted a thorough investigation of relevant issues.
- In a redundancy case the Tribunal will consider the criteria used and the method of selection
- Employers procedure, including whether they complied with the ACAS Code of Practice, as to hearings and an appeal
- Was the dismissal a reasonable sanction, including by reference to length of service and how comparable cases have been dealt with
The test for the Employment Tribunal is whether the employer acted reasonably in all of the circumstances.
Each case is determined on its own merits.
The potential remedies in relation to unfair dismissal claims:-
An individual needs to make a request for reinstatement or re-engagement before a Tribunal can make and Order, but such Orders are unusual in practice.
- Financial compensation comprising of:-
(1) Basic Award:
This award is based on an individual's weekly pay (which is currently capped at £544), length of service and age, is calculated on the same basis as a state redundancy payment (maximum) is £16,320.00.
(2) Compensatory Award:
This is an award for loss arising from the dismissal, including earnings, any benefits (e.g. pension loss) and loss of statutory rights. Account must be given for any earnings from new employment. The limit is one year of gross pay and the cap overall is £89493.00 or a year of pay, whichever is the lesser sum, applicable to dismissals after 6 April 2021.
There are various funding options, depending upon your circumstances and type of claim which is being pursued.
In most cases a No Win - No Fee Agreement is the preferred option of funding by individuals. This works on the basis of an agreed % deduction from any compensation awarded by an Employment Tribunal or by way of negotiation to cover your legal costs. If no compensation is recovered you will not receive any bill for work done.
For general legal advice, an agreed hourly rate can be considered or in the alternative, again dependent on the advice, a fixed fee can also be an option.
If an individual is a member of a Trade Union, we always ask that a person consult their union representative for access to legal assistance which may be available at no cost.
You may also be entitled to help with legal costs through legal expenses insurance, such as through your credit card.
Please do not hesitate to call for further advice on assistance on:
Tel: 0151 309 1527
Email: email@example.com Email: firstname.lastname@example.org