What should you do if you have been Unfairly Dismissed?

 
 

Your employer can only dismiss you if he has a good justifiable reason and he must follow your company’s formal disciplinary or dismissal process.

If you have been dismissed by your employer and you feel it was unjustified you may have a claim for unfair dismissal. To be able to claim unfair dismissal at a tribunal you must have worked for your employer for a minimum period of 2 years.

There is no minimum qualifying period if your claim is for an ‘automatically’ unfair reason which includes dismissal linked to pregnancy, maternity or paternity leave.

If you feel you have been unfairly dismissed you should contact a specialist employment solicitor right away. There is a limitation period for an unfair dismissal claim of 3 months less one day from the date of the termination of your employment, therefore it is important to act quickly.

The Bird & Lovibond employment team has many years’ experience advising employees on unfair dismissal claims. Our lawyers will respond promptly to your enquiry and will offer you a fixed fee initial meeting where they will listen to the facts of your case and advise you if you have grounds to make a claim.

If after your initial meeting, you decide to proceed with your claim, we will contact ACAS to commence Early Conciliation, during which attempts to reach an agreement with your employers will take place. If that proves unsuccessful we will assist you to fill out your ET1 claim form and send it to the Employment Tribunal.

When you win your case the Employment Tribunal has three possible award options, reinstatement, re-engagement in a different role and compensation, the most usual award is compensation.

If you are claiming compensation there is an additional form that has to be completed which details the amount of compensation you are claiming. The form is called ‘Schedule of Loss’.
Your compensation award will be made up of two elements, a basic award and a compensatory award. The basic award is calculated using a formula based on your length of service, age and weekly pay. The compensatory award is designed to compensate you for any financial loss sustained as a result of the dismissal.

We will calculate both these amounts and send the Schedule of Loss to your employer’s solicitors. At all stages of the claim we will seek to negotiate your behalf, ensuring we get the best possible settlement amount for you. Employment Tribunals are very expensive and so most Unfair Dismissal claims are settled well before the tribunal date.

Should we not be able to reach a satisfactory settlement with your employer, your claim will be heard at an Employment Tribunal. At the Tribunal we will present two types of evidence, witness evidence and documentary evidence. Should you start to have problems at work it is therefore important that you keep a record of any conversations you have with your employer and copies of any email exchanges. These can be used in evidence at the Tribunal.

If you would like to discuss an unfair dismissal claim with one of our specialist employment solicitors call our Uxbridge office on 01895 256151 or email info@bird-lovibond.co.uk.

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