Winning your case is not just about whether or not your dismissal was unfair. It’s about whether or not your claim passes certain legal tests.
Are you an employee?
To bring an unfair dismissal case, you must be an employee. That means you work for someone regularly, and have a contract that sets out the terms and conditions of your employment with them.
If you are self-employed, an agency worker, or a casual worker on a zero-hours contract, you don’t have the right to bring an unfair dismissal case.
Have you worked for your employer for long enough?
You must work for your employer for a minimum amount of time before you are entitled to make an unfair dismissal claim against them:
- If you are employed in Northern Ireland, you must have a minimum of one years’ service
- If you are employed in GB, you must have a minimum of two years’ service
You will need to tell the Employment Tribunal:
- When you started work
- When you stopped work
- If there were any gaps in your employment and why (if so, you may be still able to claim but may get reduced compensation)
- If your employer changed their name or company identity (if so, find out whether you were covered by TUPE rules – because if your employer didn’t follow them, you may be able to claim for automatic unfair dismissal)
Were you actually dismissed?
Unfair dismissal awards run from the last day you worked (this is called the effective date of termination). So you must tell the Tribunal the exact date you were told you were dismissed or when your notice period ran out.
If your employer gave you a letter of dismissal, you were dismissed.
If you didn’t receive a letter of dismissal, you will have to tell the Tribunal:
- When and how you found out you were dismissed
- Exactly what was said and who said it
- Whether there were any witnesses
- What happened next
You were not dismissed if you walked out, or were temporarily laid off (had a break in your employment because there wasn’t enough work for you to do).
If you’re not sure, you may have to ask your employer.
Are you making your claim in time?
You must make your claim within three months from the date of dismissal or when your notice period ran out.
Late claims are not usually accepted. If you have missed the deadline, you should start your claim as soon as you realise. You will also need:
- A strong reason why your claim is late
- A good chance of winning
Did your employer follow the ACAS code?
The Advisory, Conciliation and Arbitration Service (ACAS) is an independent organisation set up to help resolve employment disputes. The ACAS code of practice sets out the procedures an employer should follow when handling disciplinary, grievance and dismissal.
If your employer didn’t follow the code, it will count against them in the Tribunal – which means you are more likely to win the case although your compensation may be reduced.
Here are some of the things you will need to tell the Tribunal:
- What did your employer do to investigate allegations made against you?
- Was there a disciplinary hearing?
- If yes, when was the hearing?
- Who attended?
- Were you given enough information about why it was taking place?
- Were you told you had the right to take someone with you to the meeting?
- Were you given enough time to prepare?
- What happened at the hearing?
- Were you told the outcome of the hearing in writing?
- Were you given a right to appeal?
- Was there an appeal?
- If yes, when was the appeal?
- Who attended?
- If the appeal was carried out by a different person, was that reasonable?
- What happened at the appeal?
- Were you told the outcome of the appeal in writing?
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.