< Go Back Claim Unfair Dismissal: A Complete Guide Posted: Jan 31, 2023 If you’ve been dismissed from your job role, there are certain cases where you may feel that the reason for dismissal is unfair. In these specific cases, you may be able to challenge the dismissal to either get your old job back, or to claim some compensation for the dismissal to help you manage your finances until you are able to find a new role.
What Qualifies as Unfair Dismissal? There are many different causes of unfair dismissal. However, to make dismissal unfair legally, your employer would have needed to breach their contractual agreement with you by not conducting a fair investigation prior to dismissal, not making you reasonably aware of your obligations within the workplace or dismissing as the result of discrimination.
Unfair Dismissal Due to Discrimination Certain protected characteristics are protected under the Equality Act 2010. These characteristics cannot be used as a reason for dismissal. These are: age, race, religion or belief, disability, sex, gender reassignment, sexual orientation, marriage and civil partnership, pregnancy and maternity.
Unfair Dismissal Due to Protected Circumstances There are some circumstances which are protected from dismissal as they relate to activities outside the working environment. They could be paternity or adoption leave, joining a trade union, annual leave entitlement or whistleblowing.
Your case may also be deemed as unfair dismissal if your employer didn’t follow the correct procedures in regard to investigation or notice periods.
How to Make an Unfair Dismissal Claim To be eligible to make a claim for unfair dismissal, you must have worked in the same workplace for a period of 2 years or more. At this stage, you are protected, as you have gained employment rights.
However, if you feel that your dismissal was the result of discrimination, you are protected from the first day you work there.
It is free to lodge an unfair dismissal claim under these circumstances.
If you feel that you have a case and would like to claim unfair dismissal, then you should follow these steps:
1. Initially, you need to file a claim within 3 months less than day of your official dismissal date. This date will be listed on the documentation that you received from your employer. If you file later than this, your claim may not be accepted in court.
2. Next, contact ACAS. They are the Advisory, Conciliation & Arbitration Service. They will register that you are intending to claim and will be able to provide advice and support regarding your next steps.
3. ACAS will also provide an ET1 form. This form is to the declaration that you intend to take the case to tribunal and claim unfair dismissal.
4. Next, you need to seek the help of a lawyer. Again, ACAS can assist with lawyers in your area. If you’re seeking advice on employment law in Leicester, then Fosse Law are well-versed in unfair dismissal claims and can help you win your case.
While you may reach a tribunal, it’s possible that mediation with your employer could work. You may feel that coming to an agreement outside court may feel less stressful. ACAS will be able to assist with mediation and early conciliation.
Unfair Dismissal Support with Fosse Law If you have a clear case for unfair dismissal, taking this to tribunal can help you gain back some of the money that you’ve lost while being unemployed and it can also help to clear away some of your stress by providing some closure.
Fosse Law are the experts in employment law Leicester. They can help you put together your evidence, support you in your case and can even appear in court with you if this makes you feel more comfortable.
If you feel you’ve been unfairly dismissed and need some professional advice, contact Fosse Law today for friendly and helpful legal support