Losing your job can be traumatic and stressful. But, if you’ve been dismissed unfairly, you may be entitled to claim for compensation.
If you win, the compensation you receive will cover your loss of earnings up to the date of the hearing, plus a limited amount. The maximum you’ll get is the lower of 52 weeks’ pay or £74,200 (this amount is updated yearly).
If the tribunal thinks your employer failed to follow the ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice, the award can be adjusted up or down by 25%.
Rarely, the tribunal will order reengagement (another job with the same employer) or reinstatement (your old job back with no loss of money or security).
Can you answer ‘yes’ to both these questions?
- You have at least one year’s continuous service as an employee (Northern Ireland) or two years (England, Scotland & Wales) – this is called the ‘qualifying period’
- It’s less than three months since the date your employment ended
To make a claim for unfair dismissal, you must apply within three months.
In certain circumstances, you can apply for an order of interim relief, which means you’ll be reinstated until the main hearing.
For interim relief, you must apply within seven days of dismissal.
Because there is only a short window to make an unfair dismissal claim, you should get legal advice quickly. Don’t delay or it may be too late!
Was your dismissal fair?
It is considered ‘fair’ for your employer to dismiss you for any of the following reasons:
- You were found guilty of misconduct at work
- You don’t have the capability or qualifications to do the job
- Your job has disappeared so you were made redundant
- If there is statutory requirement that you are dismissed, for example, if you do not have a correct working visa
- Some other substantial reason – this is a catch all category for dismissals that do not fit into the other categories. It can include things such as the end of a fixed term contract or a dismissal to enforce new terms and conditions
Was your dismissal unfair?
It’s considered unfair if your employer failed to follow ACAS procedure. For example, your employer must show that their decision to dismiss you fell within the range of reasonable responses that were open to them at the time.
It is also ‘unfair’ if you were dismissed because of:
- False or unproven allegations of misconduct
- Poor performance that was not previously addressed
- You were selected for redundancy incorrectly or unfairly
Was your dismissal automatically unfair?
Some reasons for dismissal are considered automatically unfair, including:
- Because you belong to a trade union (or because you don’t)
- Because you were trying to obtain (or prevent) recognition of an independent trade union
- Because you were taking part in lawful industrial action
- Because you accused your employer of breaking statutory employment rights
- Because you asked for parental, maternity, paternity or adoption leave, or for time off to look after dependents, or to work flexibly
- Because you refused to give up your rights under the Working Time Regulations
- Because you sought to enforce your rights under the National Minimum Wage Act
- Because you made a protected disclosure under whistleblowing legislation
- Because you asked to be accompanied to a grievance or disciplinary hearing
- Because you requested study or training
- Because you are a shop worker and refused to work on Sundays
- Because of your function as a trustee of the pension fund
- Because of reasons related to health and safety
Was your dismissal wrongful?
Unfair dismissal is a statutory right, while wrongful dismissal is a contractual right.
Wrongful dismissal happens if your employer terminates your employment contract contrary to the terms contained in it, for example, by giving you the incorrect period of notice.
By law, your employer must give you at least:
- 1 month to 2 years of employment = 1 week’s notice
- 2 years to 12 years of employment = 1 week for each year you’ve worked
- Over 12 years of employment = 12 weeks’ notice
If you are dismissed without payment, your employer has broken the contract, and you can claim for unlawful deduction from wages.
If you win, you will receive at least the amount of earnings you lost during the notice period. Some employers pay gross instead of net. Check your contract of employment to see whether this applies to you.
Was your dismissal constructive?
If you resign because your employer broke your contract of employment, you may be able to claim for constructive dismissal – however, please note these cases are hard to win.
The breach must be significant and fundamental, such as breaking implied terms of mutual trust and confidence. It might stem from a single event or an accumulation.
To make a constructive dismissal claim, you must resign fairly soon after the breach occurred, and apply within three months.
Been dismissed unfairly?
If you’ve been dismissed unfairly, contact us FREE to discuss your chances of winning your claim and the compensation you might receive.
If you have not yet been dismissed, ask us about the severance package we could negotiate on your behalf.
We have already helped thousands of people to win millions of pounds in compensation.
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.