Unfair Dismissal FAQ
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.
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.
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 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.
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.
Challenge Your Redundancy Dismissal
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.
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.
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.
ACAS Early Conciliation
You do not need to specify what your actual complaint is.
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 – ACAS will still be involved and you can try and conciliate at any point up to and including the tribunal hearing.
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.
TUPE FOR EMPLOYEES
TUPE for Employees FAQ’s and Advice
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.
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.
You may see this referred to as an “economic, technical or organisational” reason which requires changes to the workforce.
It is relatively difficult to do.