Unfair Dismissal

Unfair Dismissal

If you have lost your job without good reason, or if your employer has failed to follow 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 making claims; usually three months less one day from dismissal. It is therefore important you seek advice as soon as possible.

What is an Unfair Dismissal?

In order to make claim for Unfair Dismissal, you must have been dismissed. This means that you must have been either:-

  • actually dismissed (“sacked”),
  • constructively dismissed (please see constructive dismissal fact sheet), or
  • employed under a fixed-term contract which has expired.

In order for a dismissal to be fair, there must be a fair reason. There are only six potentially fair reasons for dismissal:-

  • redundancy,
  • capability,
  • conduct,
  • illegality
  • retirement; and,
  • some other substantial reason

Even if your employer has dismissed you for one of the reasons expressed above, it still has to show that it was reasonable to dismiss for that reason. Your employer must also follow a fair procedure before reaching the decision to dismiss you.

Who can bring a claim for Unfair Dismissal?  

For most people, in order to bring a claim for unfair dismissal they will need to have been in employment for a continuous period. For people who were employed by their employer on or before 5th April 2012, they will need 12 months continuous employment. For people who started their contracts of employment on or after 6th April 2012, they will need 24 months of continuous employment. However, these are “general” rules. There are exceptions which make it possible for an employee to bring a claim of unfair dismissal if they have only been employed for a very short time.

One of our specialist Employment Advisors would be more than happy to assist if you are unsure whether or not you can submit a claim.

Remedies

If you are unfairly dismissed, you will be entitled to either:-

  • reinstatement (i.e. being taken back into your old job),
  • re-engagement (being taken back by your employer to a different job), or compensation.

The most common remedy is compensation.

Time Limits

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 your nearest Ringrose Law office in Boston, Grantham, Lincoln, Sleaford, Spalding or Newark and ask for a member of the Employment Law team.

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