There are certain legal tests to decide whether or not you are entitled to claim for unfair dismissal.
Have you lost your job?
Did your employer give you a letter of dismissal? If not, the tribunal will want to know:
- When and how you learned you were dismissed
- Who said what (exactly)
- Whether there were any witnesses
- What happened next
It’s not dismissal if you walked out or were laid off – that is, on a temporary break because there isn’t enough work at the moment.
If you’re not sure, you may have to ask your employer.
Employment status
Were you an employee?
- You are usually considered to be an employee if you regularly work for the same employer, and have an employment contract that sets out the terms and conditions of your employment
- You may not be an employee if your employer describes you as self-employed, you are an agency worker, or you are on a casual or zero hours contract
If you are not sure, you can check your status on the government website here >
https://www.gov.uk/employment-status
Length of employment
Were you employed for at least two years (in England, Scotland or Wales), or one year (in Northern Ireland)?
Here are the things you will have to tell the tribunal:
- When you started work
- When you stopped work
- Whether there are any gaps in your employment over the past two years (and why). If yes, you may still be able to claim for unfair dismissal, but may receive reduced compensation
- Whether your employer changed their name or company identity. If your employer didn’t follow the TUPE rules, you may be able to claim for automatic unfair dismissal
ACAS code
Your employer should follow the disciplinary and dismissal procedures set out by the Advisory, Conciliation and Arbitration Service (ACAS) code:
- Investigate the allegations
- Hold a disciplinary hearing
- Tell you why the hearing was taking place
- Give you enough time to prepare
- Let you take someone to the hearing with you
- Tell you the outcome of the hearing in writing
- Give you a right of appeal
- Hold an appeal hearing
- Hold the appeal, carried out by a different person (where reasonable)
- Tell you the outcome of the appeal in writing
If your employer didn’t follow these steps, it is likely that the tribunal will find your dismissal unfair. However, if this is the ONLY reason, you may receive reduced compensation, or even none.
Time limit
You must make an unfair dismissal claim within three months less one day after the effective date of termination – that is, the last date you worked (whether that’s the date you were dismissed or the date when your notice period ran out).
Late claims are not usually accepted. If you claim late, you will need a good reason, you must start the claim as soon as you realise you missed the deadline, and you must have a good chance of winning.
Feel forced to resign against your will because of your employer’s conduct?
If yes, you may be able to claim for constructive dismissal – but please be aware that it is always difficult to win a constructive dismissal case.
Here are some of the incidents that may count towards constructive dismissal (whether as a one-off or in combination):
- Withholding your wages
- Sudden, unexplained demotion
- Unreasonable changes to your terms of employment, including the hours you are contracted to work
- Allowing you to be harassed or bullied by your colleagues
- Fundamental breaches of your employment contract
- Failure to provide a safe working environment
- Imposing disciplinary action that is grossly disproportionate to the offence you committed
If any of these incidents have happened to you, make sure you contact us without delay. If you leave it too long, the tribunal may decide that you accepted the mistreatment.
We’ll let you know what to do before and after your resignation, assist with early conciliation, negotiate a severance package, lodge your claim, and manage the case through to a satisfactory conclusion.
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.