Unfair Dismissal Claims

Employers are only able to fairly dismiss someone in a limited number of circumstances. If you feel the disciplinary procedure followed wasn't fair, the decision to discipline you was wrong or your dismissal without notice wasn't right, then getting expert legal advice quickly is essential, as you will face very short and strict time limits to make a claim or achieve a settlement.

Employers can give many different reasons for dismissing someone:

  • Issues relating to your performance, qualifications to do your job or whether you are well enough to fulfil your duties;
  • Allegations of misconduct and in the most serious circumstances, gross misconduct
  • Where there is a genuine redundancy situation
  • Where there is some other substantial reason including an irretrievable breakdown in the working relationship or where you unreasonably refuse to accept changes to your contract.

In most cases you will have to notify ACAS of a potential claim within three months of your employment ending. It is important you get in contact with us as soon as possible so we can help before it is too late. You can find out how we can help you with our fixed fee Acas Early Conciliation service here.

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Who can make a unfair dismissal claim?

You will usually (but not always) need to have been with your employer for at least two years to claim ordinary unfair dismissal. There are many exceptions to this rule including:

  • If your dismissal was connected with your health and safety concerns
  • You were asserting a statutory right such as maternity or paternity leave or applying for flexible working
  • You have 'blown the whistle' on your employer's wrongdoing
  • Participating in trade union activities

If you win your case, a Tribunal can award you compensation: a Basic Award of up to £14,370 and a further discretionary Compensatory Award of up to £78,962 to reflect the loss of past and future wages, pensions, and contractual benefits such as your company car, private medical and health insurance and bonus or commission. The Tribunal has the power to increase or reduce the Compensatory Award if the ACAS Code was not complied with, if the Tribunal finds your conduct contributed to your own dismissal, or where and employer can show that even if they had followed a correct process, the decision to dismiss would have been inevitable.

In some cases, there is no cap on the compensation that can be awarded. These include cases of discrimination, whistleblowing or where you are dismissed after trying to assert a statutory right.

Funding your unfair dismissal claim

There are a number of different funding types in place which can be used to pay for the work we provide on unfair dismissals. Our legal advisors are on hand to help with any queries regarding the various funding arrangements that are available.

You can find out more information about funding types by clicking here.

How can I claim for unfair dismissal?

To discuss your unfair dismissal claim with us, feel free to call and speak with our advisors on 08000 93 00 94 or if you prefer, fill out our online claim enquiry form.

Our specialist employment team are experienced across a vast range of employment law areas. From dealing with work dismissals to wage disputes, our team will able to provide support to cater any of your needs.

Contact us today for advice and a free consultation wherever you are in the UK before it is too late.

How can we help?

Funding your unfair dismissal claim

There are a number of different funding types in place which can be used to pay for the work we provide on unfair dismissals. Please click the button below to find out more information about the funding types available.

View Funding Options

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