Unfair dismissal claims . . .

No win no fee!

Start Your Claim

Dismissal FAQ Page

  • How do I decide whether I have been dismissed?
    This is a very good and important question, because the concept of dismissal is not as simple as you might think. It involves a great deal more than being told 'you're fired' and given your P45. The law recognises various circumstances which constitute dismissal and here are some examples:
  1. You are working on a fixed length contract and it is not renewed.
  2. You resign because your employer has broken the terms of your contract.
  3. Your employer appears to be saying you're dismissed, so you walk out.
  4. Your employer demands your resignation or he'll dismiss you, so you resign.

As you can see, you have not been dismissed in the strictest sense, but as far as an Employment Tribunal is concerned, you've been dismissed in the wider sense

If you are in any doubt contact us immediately and one of our experienced unfair dismissal lawyers will clarify your position.

  • How can I tell if my dismissal was unfair?
    The law recognises four 'fair' reasons for dismissal:
    • 'Redundancy' arises when an employer needs to reduce his workforce, but he must follow the correct procedure otherwise your dismissal may be a case of unfair selection for redundancy.
    • 'Conduct' concerns your own behaviour and whether you've committed fraud or theft or breached the terms of your contract.
    • 'Capability' covers situations where an employee is simply not up to the job.
    • 'Statutory restriction' deals with cases where it would be illegal for the employer to continue to employ someone – for example a driver who has lost his licence.
    • 'Other substantial reason' is a catch-all concept covering many other situations, all of which must be 'substantial' leaving no other choice by dismissal.
    • Again, if you're in any doubt contact us for advice from our unfair dismissal lawyers who will explain how this applies to your situation.
  • Can I make a claim for Unfair Dismissal?
    Firstly, your right to claim does not arise until you have been employed continuously for 12 months. This applies to anyone who is in their job before April 6th 2012, but is changing to two years for anyone who begins their employment after April 6th 2012. You must be an employee, not a contractor or freelancer, although there are some exceptions to this rule.

    Unfair Dismissal claims are not available to police officers, members of the armed forces, registered dock workers or people over the retirement age.

  • How long do I have to make my claim?
    Unfair dismissal claims must be made within three months of the termination of your contract.
  • I have been dismissed because I'm pregnant and my employers need a permanent replacement – is this fair?
    A dismissal of this kind is known as an 'automatically unfair dismissal'. Your employer has fired you for exercising your employment rights, namely the right to maternity leave. You do not have to have been employed for 12 months to bring a claim in a case of automatically unfair dismissal.
  • What other reasons for dismissing an employee are treated as automatically unfair dismissals?

    • Taking time off work to look after dependants or for public service such as jury service.
    • Taking maternity or paternity leave.
    • Discrimination on the grounds of gender, race, gender reassignment, sexual orientation, age, religious belief or disability.
    • Unfair selection for redundancy.
    • Whistle-blowing.
    • Trade union membership.
  • When is redundancy treated as Unfair Dismissal?
    Genuine and fair redundancy is acceptable, but your employer must have used a fair selection process and procedure, including discussing the reasons for the redundancy, giving appropriate notice and where required of him making a redundancy payment.

    For more detail on all of this contact us today – our network of expert unfair dismissal lawyers is waiting to give you all the advice you need and to get your claim started. Don't delay.

 

 

 

Don't Miss Out - Start Your Claim Now!


Compensation for unfair dismissal

There are three basic forms of compensation for unfair dismissal. Read More