Bringing a claim of unfair dismissal is a legal right awarded to a qualifying employee to bring against their employer. The Employment Tribunal system exists to provide redress and compensation. However, the road to unfair dismissal compensation can be long and difficult. An unfair dismissal claim is not something that should ever be pursued without serious consideration.
If you’re intending to make an unfair dismissal claim, the first thing you must recognise is that you will need to prove that you were dismissed unfairly. Although this sounds obvious, and may seem obvious to you, the Tribunal will look at this issue very closely indeed, and will require solid evidence. You will need to prove at least one of two things – that your employer dismissed you for an unequivocally unfair reason, and/or that unfair procedures were used to remove you from your job.
If your employer dismissed you for asserting your basic employment rights, then this is inherently unfair. For example, it would be unfair if you were dismissed for being involved in trade union activity, or for insisting upon health and safety protection. If you were dismissed for a fair reason, such as poor conduct, the Tribunal will then examine the procedures used to dismiss you. If you weren’t given sufficient warnings about your conduct and opportunities to improve, or if you were treated differently to other people in similar circumstances, then the Tribunal may find in your favour.
It’s therefore possible to make a successful claim, if you were dismissed in the wrong way for the right reasons. However, it’s important to understand that the Tribunal will pay close attention to your own conduct. Your role in your own dismissal will directly affect the type and amount of unfair dismissal compensation you receive, if any.
As well as having some conviction in your own case, you will also need to be certain that you meet the basic qualifications for pursuing a claim. Briefly, this means completing at least one year’s continuous service with an employer, in a full or part time employed basis. You will also need to bring your claim within three months of being dismissed. There are exceptions to these basic rules that depend on individual circumstances, so you will need to check carefully with your solicitor.
Finally, you need to be aware that an unfair dismissal claim can be a stressful and sometimes overwhelming experience. For that reason, it is absolutely essential that you appoint a specialist employment law solicitor to handle your case. With expert help from a specialist solicitor, strong evidence and personal resilience, you have a very good opportunity to gain redress for having been treated so unfairly.