If you’ve been dismissed and think it’s unfair, first try appealing under your employer’s dismissal or disciplinary procedures. If that doesn’t work, you need professional advice.
Try independent arbitration, ACAS (or the Labour Relations Agency in Northern Ireland), or go straight to a specialist solicitor to help you make a claim at the employment tribunal. To boost your chances of being successful, you’ll need an employment law solicitor who specialises in unfair dismissal (like us, hint, hint!).
What happens next
Ascertain whether you have the right to bring an unfair dismissal claim:
- If your employment in is Northern Ireland, you need at least one years’ continuous service
- If your employment is in England, Scotland or Wales, you need at least two years’ continuous service
- If your unfair dismissal claim is related to pregnancy, maternity leave, raising a health and safety concern or whistleblowing, there is no minimum qualifying period
- You must have already been dismissed or working out your notice
Consider whether or not your dismissal was fair:
- It might be justified if you were dismissed because of conduct, capability, redundancy, breach of a statutory restriction, or ‘other substantial reason’
- Dismissal might be unfair even if it was for a justifiable reason but your employer didn’t follow a fair process
- It might be automatically unfair if you were dismissed because of pregnancy, maternity leave, raising a health and safety concern or whistleblowing
Make your unfair dismissal claim promptly:
- The time limit is three months less one day from the termination of your employment
Attempt to reach a settlement, if possible:
- Your employer may agree to settle because they want to avoid the cost of going to the tribunal
To avoid delay, you must complete your ET1 claim form correctly:
- Include all relevant facts
- Stick to legal issues
- Pay the appropriate fee
Calculate an accurate schedule of loss:
- Be realistic about the basic award and compensation you will receive if your claim is successful
- Basic award: Based on your gross weekly salary, age, and years of service
- Compensation: Based on financial loss you sustained as a result of the dismissal. You are expected to minimise your financial losses by claiming Jobseeker’s Allowance or Housing Benefit and looking for a new job. The compensation you receive may be reduced if the tribunal decides your conduct played a part in your dismissal
- Understand that you might be reinstated, or engaged in a different role
Include all relevant documents (memories fade so it’s important to write things down and keep copies of everything):
- Documentary evidence might include your contract of employment, letters, emails, video footage, meeting minutes, and diary entries showing key events, meetings and conversations
Find a witness:
- A colleague who is willing to give evidence on your behalf will make your case more credible
Dress appropriately for the tribunal:
- To make a good impression, wear the kind of outfit that would be suitable for a job interview
Note that certain people can’t claim for unfair dismissal. These include: workers (as opposed to employees), members of the Armed Forces, self-employed people, agency temps working under a contract, share fishermen, members of the police service (excluding administrative support), anyone who is exempt under an order made by the Department for the Economy, and anyone who has made a settlement/compromise agreement with their employer which prevents a claim of unfair dismissal.
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.