Employees FAQ’s

  • Home
  • Employees FAQ’s
FAQ

Unfair Dismissal FAQ

Losing your job can be a time when emotions run high and judgment is clouded. Our guide to unfair dismissal should help you decide whether your employer’s reasons for letting you go were legally sound.
We are aware that you will probably be going through a tough time.

There are other options other than bringing a claim in the employment tribunal or court, you could also consider trying to negotiate a settlement agreement with your employer. Our unfair dismissal solicitors have a wealth of experience in successfully negotiating settlement agreements. We will provide advice and support that is sensitive to your needs.

This is where your employer has ended your employment in a way that you think is unfair. Your employer could have used a number of different reasons – examples could be poor performance, gross misconduct, redundancy or you have simply been dismissed for no reason at all.

If you have been dismissed for any of the reasons set out above, you could appeal. If you think you are about to lose your job and you think there is a different reason behind it all, you could raise a grievance.
You can but there are some conditions you have to meet – you have to be an employee and you have to have at least two years’ continuous employment. There are some exceptions to this where you do not need any minimum qualifying period of service and we can help advise you whether this applies – examples are reasons connected with health and safety, whistleblowing, pregnancy and some other family-friendly rights.
Any claim has to be brought to the employment tribunal within 3 months (less one day) of the date you lost your job.

Before you can submit a formal claim, you will have to start what is known as the Early Conciliation Process via ACAS. This is a way to try and see whether you and your employer to see if your complaint can be settled without the need to go through with a formal claim
There are two parts to any claim – the first is a basic award which is based on your age, years of service and average weekly wage (which from 6 April 2021 is capped at £544 per week). The maximum basic award is £15,240.
There is then a compensatory award to compensate you for loss of earnings and other direct losses. This is capped at the lower of 52 weeks’ gross pay or £89493.
Yes, you cannot just wait for your claim to be heard. You will have to try and find another job. If you don’t, any award might be reduced.

It’s very important to remember that even if you are an employee and the facts and circumstances of dismissal are such that you may have a claim for unfair dismissal, a claim must be made within three months of the date that your employment effectively terminates. That includes the date of termination.

So, if the date of termination is, say, 1st June, the date by which proceedings must begin (by filing a claim with the Employment Tribunal) is 1st September. Any later and the claim will be out of time. The circumstances in which time may be extended are very limited.

Early Conciliation, the mandatory procedure that must be followed before a claim can be started, will have the effect of extending time to a degree. You can find out more about Early Conciliation here.
FAQ

Redundancy Dismissal

Your employer has various legal responsibilities to treat you fairly and follow the correct process when making redundancies. So if you are facing being laid off, make sure you know your rights. This guide should help you with the most frequently asked questions about redundancy.
Challenge Your Redundancy Dismissal
Call for a complimentary evaluation of your case to discuss your situation further.
We can help guide you through any redundancy process that you are facing.  We can help you with the process, how to handle the consultation meetings, how to lodge an appeal and if necessary how to challenge any dismissal by bringing a formal tribunal claim.

You will often hear about this in the news. This covers situations where your employer may be closing the place where you work or needs to reduce the number of staff they employ. Your employer will usually be doing this to save costs because either they do not have enough business themselves or are changing the areas in which they work and need to reduce their workforce.
Yes, it is really important that your employer follows a full consultation process with you. This will usually involve between 2 – 3 consultation meetings where the redundancy situation is discussed, and you are allowed to put forward your own proposals and ideas.
This is where there may be two or more people who are effectively doing the same role and the employer has to decide who may lose their job. They will do this by putting all of you into a selection pool and then using certain criteria to decide who effectively ranks lowest.
Your employer should agree with you in advance what the proposed selection criteria are so that you can have an idea of how you will be assessed. You should be asked to give your feedback on the way they intend to scare you.

You should also see what your scores are after the scoring has taken place so that you can challenge any areas which you feel are unfair.

This can often happen when your employer is restructuring the business to try and make it more efficient. You may end up in competition with other people for what was originally your role.

As part of any fair redundancy process, your employer should offer you any alternative roles that are available in the business. If the role that is offered to you is a suitable alternative role and you reject it, you are at risk of forfeiting your entitlement to a redundancy payment.

Whether or not a role is suitable will depend on an assessment of what the role is compared with your skills, experience, previous job status and benefits package.
Your redundancy entitlement is calculated according to your age, years of service and average weekly wage (which from 6 April 2021 is capped at £544 per week). The maximum basic award is £16320

The multiplier is based on the following calculation:

0.5 week’s pay for each full year worked when you’re under 22;
1 week’s pay for each full year worked when you’re between 22 and 41;
1.5 week’s pay for each full year worked when you’re 41 or older.
You have to have at least two years’ service to be entitled to a redundancy payment.
Usually, a redundancy payment is paid on the day your employment ends or on the next normal pay run. If no redundancy payment is made, you have six months from the date your employment was terminated to make a claim.
FAQ

ACAS Early Conciliation

Before you can bring any formal claim in the employment tribunal, you have to notify ACAS to register your complaint.
You will find a link to the page here https://ec.acas.org.uk/Submission/SingleClaimantPage. You need to complete the form linked to this page – it will ask you for your contact details (and those of you solicitor if you have one), the details of your employer and your job details.

You do not need to specify what your actual complaint is.
Once your employment claim has been registered, you will receive an email from ACAS where you will be asked to confirm some details regarding your complaint. This is the administration process.

ACAS will then appoint a conciliator to handle your claim and they will contact you in a few days to find out more information about your complaint.

Once you have registered your complaint with ACAS, there is nothing else you need to do. You do not even need to attempt to settle your claim if you do not wish to.

Conciliation can last up to six weeks but you are not obliged to negotiate. You can bring the conciliation to an end at any time.

Once the conciliation has come to an end, you will then be given a reference number that begins with the letter ‘R’ followed by a series of numbers. The last two numbers will represent the year in which you lodged your claim.

You will have to include this number on your online claim form – this is why the process is mandatory. If you do not have this reference number, you will not be allowed to proceed with your claim.
No – the service is free. There are also no longer any tribunal fees if you wish to lodge a formal claim.

No – ACAS will still be involved and you can try and conciliate at any point up to and including the tribunal hearing.
Early conciliation means that the deadline for bringing a tribunal claim will be extended. Early Conciliation effectively ‘stops the clock’ whilst attempts are made to settle your claim. By how much the deadline is extended can be complicated and it is important to take advice so that you do not miss the deadline for submitting a claim.

You also need to make sure that you use the correct name for your employer – if you get this wrong, this could cause you a problem and possibly mean you are unable to proceed with your claim.

After early conciliation has finished, if you still wish to pursue your claim you have to complete an ET1 and submit it online. This can be a complicated process.

We can guide you through this situation and make sure you complete this fully and accurately.
FAQ

TUPE FOR EMPLOYEES

TUPE for Employees FAQ’s and Advice
The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations may apply when a company, or part of one, is taken over by another organisation. So what exactly does this mean for the employees affected?
TUPE is a very complicated area of employment law and if you find yourself in this situation, it will be important to make sure you ask all the right questions during the consultation process and you understand what your rights are, particularly if you are engaged on a contract which is now going to be delivered from a location which is far away from where you previously worked.
We can guide you through this situation and let you know where you stand legally and what your options are.
This is where either part or all of an organisation’s process and staff are transferred over to a new employer, either as a result of a sale of a whole business or where there is what is called a ‘service provision change’ (where a contract changes from one company to another).

This happens as a result of the Transfer of Undertakings (Protection of Employment) Regulations (“TUPE”) which are designed to protect employees if the business or a contract changes hands.
Under the TUPE regulations, you will maintain the terms and conditions you currently have unless your new employer has better terms which you can choose to accept.
There is a requirement to inform and consult with elected employee representatives Your employer should consult with your representatives who will feedback to you the points that are discussed.

If your employer does not have any representatives in place, it may be necessary for your employer to hold an election so that the necessary representatives are elected to deal with the consultation process.

Your employer should tell you why the transfer is being proposed, what the implications are of the transfer, what if any differences there may be as a result of the transfer, whether you will be moving to new premises and whether there are any measures likely to be taken by the new employer which will affect you.
Any consultation carried out by your employer has to be in good time to ensure that you have sufficient opportunity to understand what is happening.
No, you cannot be dismissed as you are protected under the TUPE regulations. You may, however, be at risk of redundancy if your new employer decides that it does not need all the staff that are transferring. For this to not be unfair, they will have to have a fair reason as set out in the TUPE regulations.

You may see this referred to as an “economic, technical or organisational” reason which requires changes to the workforce.
You have the right under the TUPE regulations to formally object to being transferred. However, if you do object, this counts as a resignation and your employment will end at the time of the transfer and you will not have a claim against either your former or new employer. You need to think very carefully about doing this as you would not be entitled to any redundancy payment either.
The continuous service of all employees will transfer to the new employer.
Your annual leave entitlement is a contractual term of employment which will transfer to the new employer.
Pensions are not covered by the TUPE regulations. However, you must be offered a broadly comparable scheme
Changes to your terms and conditions can only be made if they relate to what the law refers to as an economic, technical or organisational reason and you are consulted about these changes.

It is relatively difficult to do.

Subscribe to our newsletter

Sign up to receive latest news, updates, promotions, and special offers delivered directly to your inbox.
No, thanks