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Have you been unfairly dismissed by your employer? Do you know that there is a strict time limit in which to take action? Failure to take action before the time limit expires can prevent you from making a claim at all. Do you know how to make a claim for unfair dismissal, how much it will cost and the compensation you might receive?
Here at 1stClaims we can help answer these questions.
In most cases of employees being dismissed from their position of employment, dismissal by the employer takes place in accordance with the terms and conditions of the employment contract and gives no cause for concern or grounds for complaint.
However, there are cases where the way in which an employee or worker is dismissed from their role is performed contrary to the terms and conditions set out in the contract of employment. As a result, the person being dismissed may find that they have a claim for unfair dismissal or constructive dismissal (where the employee or worker feels that they have been left with no choice but to hand in their resignation).
What Is Unfair Dismissal?
Unfair dismissal occurs where an employer or worker is dismissed from their position of employment without the employer having a good reason for dismissing you or failing to comply with the terms of dismissal set out in your employment contract and the company’s formal disciplinary or dismissal process.
Your employment contract will set out the terms under which you may be dismissed from your role and will stipulate how much notice you must be given before being terminated from your role. This may, for example, be one week's notice during the first three months of your employment (often referred to as a 'probation period') and may increase to one month's notice thereafter.
In addition, your contract may stipulate the way in which you should be notified of your employer's intention to dismiss you. If your contract says that you should be informed in writing, then being verbally informed that you are to be dismissed may give rise to a claim and you may be able to sue for wrongful dismissal.
Examples of Unfair Dismissal
Here are some of the more common reasons that can lead to a claim for unfair dismissal compensation:
- The reason for your dismissal was unfair
- The process of your dismissal was unfair
- You were dismissed for an automatically unfair reason (such as maternity leave)
If you are dismissed in any of the following situations it is likely that your dismissal was unfair:
- asked for flexible working
- resigned and gave the correct notice period
- joined a trade union
- exposed wrongdoing in the workplace - whistleblowing
- took part in legal industrial action that lasted 12 weeks or less
- applied for maternity, paternity and adoption leave
- were on any maternity, paternity and adoption leave you’re entitled to
- tried to enforce your right to receive Working Tax Credits
- were forced to retire (known as ‘compulsory retirement’ - your employer must be able to objectively justify it)
These are some of the main examples of reasons that might lead to a good Unfair Dismissal Claim, but there may be others too. Our specialist employment law solicitors will listen to your own circumstances and advise you whether you can make an Unfair Dismissal Claim, how you can do it and how much it might cost.
How To Sue For Unfair Dismissal
If you think you may have been unfairly dismissed and have not been able to resolve matters by speaking to your employers, you may be thinking about suing for wrongful dismissal. If you are a member of a trade union you could speak to a union representative about your chances of pursuing a successful claim. Alternatively, you could contact a 1stClaims expert employment solicitor who will be able to advise you on your chances of pursuing a successful claim and guide you through the process of doing so.
After a free initial discussion with one of our solicitors specialising in Unfair Dismissal, they will explain your legal rights and which funding options are available for your claim. You can then decide whether to take any further action or to leave it there, in which case there will be nothing to pay.
Take Action Fast!
You must take extremely fast action, as failure to make a claim to an Employment Tribunal for an Unfair Dismissal claim within three months of the dismissal prevents you from taking any action at all. Therefore, it is vital that you contact us as soon as possible for your free consultation.
What Happens Next?
Complete a Quick Claim Enquiry and this is what you will benefit from:
- Advice on whether you can make a claim and how the claims process works from a specialist claims solicitor;
- Compensation - what can you claim for and how much are you likely to receive;
- Costs - whether you will qualify for a no win no fee claim or details of other methods for funding your claim; and
- An explanation of what will happen next if you decide to carry on and make a claim (how your solicitor will take care of everything for you).
All on a free, no obligation Quick Claim Enquiry Advice Call.
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