"I have been dismissed from my new job. Can I claim unfair dismissal?" | Paul Doran Law

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“I have been dismissed from my new job. Can I claim unfair dismissal?”

You do not have the right to claim for unfair dismissal if you have been employed for less than two years in Great Britain (or one year in Northern Ireland).

“Can I claim for wrongful dismissal?”

Wrongful dismissal means you are claiming that your employer breached their contract with you. For example, they didn’t give you notice as set out in your contract of employment.

In this case, they may have to pay you damages to make up for the losses you sustained during your notice period (which can be substantial, especially if you are on a higher salary).

“How much will I get?”

The amount of damages you might receive for unfair dismissal is based on your pay and other benefits that would have accrued during the notice period, such as:

“What if I get another job?”

You have a duty to seek alternative employment and mitigate your loss.

If you find another job within the notice period, your new salary will be taken off any damages you receive for wrongful dismissal.

“What if I was offered payment in lieu of notice?”

If your employer offered to pay you instead of working out your notice period, this is usually regarded as compensation for unfair dismissal and it’s therefore unlikely that you could bring a claim.

However, payment in lieu of notice must be allowed in your contract.

If it’s not, and your employer did not pay you as much as you would have received if you’d worked your notice, you may still be able to make a claim.

“What if I was dismissed as a result of gross misconduct?”

If you were dismissed as a result of gross conduct, such as theft, you can’t claim for wrongful dismissal. This is because your employer was justified in dismissing you for breaching the implied term of trust and confidence between you.

“What if there was discrimination involved?”

If you were dismissed because of a discriminatory reason such as sex or race (see full list here), you may be entitled to bring a discrimination claim rather than one of unfair dismissal. You have the right to bring a discrimination claim from day one of your employment, or indeed earlier if discrimination arises during the application process.

Things to remember

If you are making a claim through the Employment Tribunal, you must start the process within three months of the date you were dismissed.

If the amount you are claiming is £25K or more, you will have to bring a claim through the courts. In this case, you must start the process within six years of the date you were dismissed.

If you have any questions, we’ll be happy to help.

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.

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You have a choice of ways to pay, including ‘no win, no fee’.

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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.

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