What is Unfair Dismissal?
This is when you are dismissed from your employment by your employer and you believe that the dismissal was unjustified, excessive, or unfair in some way. The most common reasons are misconduct, redundancy, and capability.
Can I claim unfair dismissal?
There are certain conditions that have to be met in order for you to be able to bring a claim:
- you must be an employee;
- you must have at least two years’ continuous service
- there must be an actual dismissal
- you must contact ACAS to start the Early Conciliation Process before you can submit your claim to the employment tribunal
- you must submit your claim within 3 months less one day of your dismissal
There are some unfair dismissal claims where you do not need two years’ service and these are known as automatically unfair dismissals. These include dismissals connected with whistleblowing, health and safety and pregnancy/maternity.
What is the compensation if I am successful?
An unfair dismissal award is capped at the lower of ££93,878 or 12 months’ gross salary. Dismissals for whistleblowing, however, are uncapped.
There may be an increase or decrease for failures to follow the ACAS code. Average awards are much lower and we can advise you on the likely value of your claim.
How long does a claim take?
This will depend on how busy the tribunal is. Following the abolition of tribunal fees, tribunals are now very busy and it can take at least six months for a one-day unfair dismissal case to be heard by a tribunal.
Please have a look at our FAQ on Unfair Dismissal here, you should get an answer to most of your questions. Should you need any more information, please use our online contact form or call Karin Henson on 0121 392 7479.
WHAT TO DO NEXT
If you believe that your dismissal was unfair, you may want to make a claim to an employment tribunal.
Before you do so, it will be important for you to be clued in on the legal grounds for dismissal, and take your situation fully into consideration. You should discuss early on with Karin Henson, an employment law specialist to first assess if you have a claim and secondly to ensure you adhere to the strict time limits for making a claim.