Our employment lawyers have amassed expertise in handling unfair dismissal claims.
A dismissal can be unfair if your employer does not have a good reason for dismissal and/or the dismissal process has not been followed. If the employee believes that they are the subject of an unfair dismissal, this may be something that can be challenged at the Employment Tribunal. When making an unfair dismissal claim, it is necessary to understand that the Tribunal may consider the dismissal as “fair” if there was a fair and justifiable reason for dismissal and the employer has followed a full and fair procedure.
To make an unfair dismissal claim you must be a ‘qualifying employee’. The first requirement is that you must be an employee. The second requirement is that you must have worked for the same employer for a period of minimum two years. Your position can change during your employment so long as you are still working for the same employer, you can evidence a continuous employment for two years. This means being promoted or demoted does not affect your qualifying period. If you have worked for the same employer for 2 years or more, you can potentially pursue an unfair dismissal claim.
You must be classed as an “employee” and have worked for a minimum of two years. Section 230 of the Employment Rights Act 1996 defines an “employee” as an individual who has entered or works under a contract of employment. Your employment contract does not need to be a written agreement, although it is helpful to have a written contract agreement. If you are uncertain of your employment status, get in touch with our employment law department who may be able to work out your employment status.
If you have not been employed for 2 years, you may be able to bring an automatic unfair dismissal claim. For more information, see our blog post on automatic unfair dismissal claims.
An unfair dismissal claim must be made within 3 months less one day of the date of dismissal. The first step in bringing a claim is to lodge your dispute at the Advisory, Conciliation and Arbitration Service (ACAS). For example; If you were dismissed on the 2nd of January, you would need to lodge your claim with ACAS before 1st April. We can assist you in filing for ACAS Early conciliation and entering into negotiations with your employer.
It is essential that you seek legal advice as soon as possible to ensure we can properly understand your case and maximise our time to assist you with your unfair dismissal claim. If you do not act in time, you will need to apply for an extension of time to allow the Employment Tribunal to accept the jurisdiction of your claim.
If you think that your dismissal was unfair, or may constitute an automatic unfair dismissal, our lawyers can provide advice as to whether your individual situation may result in a dismissal claim. Book a consultation or fill out one of our query forms and we will be in contact with you.