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If you have lost your job without good reason, or without your employer following a fair procedure, you may have been dismissed unfairly. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from dismissal. It is therefore important you seek advice as soon as possible.
Ms F was employed as an Assistant at a Nursery caring for young children. She came to us for a Fixed Fee Interview after being summarily dismissed for gross misconduct. Ms F told us she had been called into a meeting with her manager. Without any warning or prior notice, she was told there were allegations against her of harming a child in her care. Ms F was extremely distressed. The allegations against her were very vague and no details were given. Ms F was provided with no statements or information about the allegations. In the circumstances, she found it impossible to defend herself and could do nothing but deny she would ever harm a child in her care.
Ms F had a wealth of experience working with children. The allegations had caused her dismissal; and, because of reporting requirements, threatened her continued career. At Ms F’s Fixed Fee Interview we identified she had a claim for Unfair Dismissal. Unfortunately, Ms F was unable to pay privately for our assistance and did not have Legal Expenses Insurance to cover the cost of her claim. We therefore offered her a Contingency Fee Agreement, (“no win, no fee”). We explained the terms of the Contingency Fee Agreement to Ms F and explained that at the conclusion of the matter, we would take a proportion of her compensation.
We assisted and supported Ms F throughout her claim. We collected documents, took her statement and represented her at the hearing before the Employment Tribunal. We were delighted when Ms F was successful. Not only did Ms F receive compensation, but also a full judgment from the Employment Tribunal confirming she had been unfairly dismissed. Ms F was very happy with the result and we were pleased to have been able to help.
In order to make claim for Unfair Dismissal, you must have been dismissed. This means that you must have been either:-
In order for a dismissal to be fair, there must be a fair reason for the dismissal. There are only six potentially fair reasons for dismissal:-
Not only does your employer have to have a fair reason but also must follow a fair procedure before coming to the decision to dismiss you.
In order to bring a claim for Unfair Dismissal, you will usually need to have been in employment for a continuous period of 12 months. This is the “general” rule; however there are exceptions to that rule which make it possible to bring a claim after only being employed for a short time.
One of our specialist Employment Advisors would be more than happy to assist you if you are unsure whether or not you can submit a claim.
If you are unfairly dismissed, you will be entitled to either:-
The most common remedy is compensation.
The Employment Tribunal has very strict time-limits for making claims; usually three months less one day from your last day of employment. It is therefore important you seek advice as soon as possible.
If you think you have been unfairly dismissed and would like some legal advice, please do not hesitate to contact a member of our Employment Law Team.
