What is unfair dismissal?
No one wants to be dismissed from their job, but while some reasons for dismissal are fair, others are unfair. When considering whether a dismissal is unfair or not, an Employment Tribunal will look at two factors. The first question is whether your employer’s reason for dismissing you was itself ‘fair’. The second question to ask is whether, in dismissing you, your, employer used a fair procedure.
Examples of unfair dismissal
There are quite a few ways in which dismissal can be unfair, including:
- Automatic unfair dismissal – some dismissals from work are classified as ‘automatic’ unfair dismissal – such as if your dismissal is because you were on maternity or paternity leave – or if you are unfairly discriminated against (such as for your age, gender, sexual orientation, race or disability).
- Being forced into early retirement
- Being made redundant using an unfair selection method
- Being dismissed for taking part in legally sanctioned union action
- Being asked to attend a disciplinary hearing but then being dismissed before the hearing or for asking to move the hearing in order to accommodate your representation
- Refusing to give up your working time rights at the request of your employer and being dismissed as a result
Who is eligible for unfair dismissal compensation?
There are a few criteria you need to meet to be eligible for unfair dismissal compensation:
- You must have been employed for at least 12 months
- You must have been demonstrably unfairly dismissed
What should I do if I have been unfairly dismissed?
If you feel you have been unfairly dismissed, then you should engage the services of specialist employment law solicitors. Our team of no win no fee unfair dismissal solicitors can advise you on procedures and guide you through the process of making a claim against your employer. In the first instance, it is best to try and resolve the dispute with your employer directly, so if you feel you have a claim against them you will need to put this into writing and inform them of your intent to proceed with the case.
The next step is often to try to mediate your claim with your employer in order to achieve a fair settlement and compensation for your unfair dismissal. If this isn’t possible then you might have to attend an employment tribunal where you will lay out your case. Your employer will then have a chance to respond before the tribunal rules on the decision. They can either rule in favour of your employer by deciding that your dismissal was fair or rule in your favour. If they agree that you have a case of unfair dismissal then you will usually be entitled to compensation.
How will my No Win No Fee Unfair Dismissal Solicitors help me?
Our team can help you in a variety of ways, including:
- Reviewing the evidence and advising you as to whether you have a claim
- Writing a letter of claim to your employer
- Collecting the evidence in your behalf
- Attempting to negotiate a fair settlement with your employer
- Acting on your behalf in any arbitration or mediation meetings
- making an application to an Employment Tribunal if necessary
- Representing you at an Employment Tribunal hearing – if your case makes it all the way to a contested hearing
Under a no win no fee unfair dismissal agreement, you won’t have to worry about any legal costs – if you lose your case, then your solicitors simply don’t get paid.
Need specialist No Win No Fee Unfair Dismissal Solicitors?
Claiming compensation for unfair dismissal can prove complicated. Most employers will employ their own specialist employment solicitors team and will often be extremely reluctant to reach a negotiated settlement – especially if you don’t have a solicitor on your side. Specialist solicitors are really essential whenever you make an employment tribunal claim.
For your FREE phone advice – contact us today;
- call our specialist No Win No Fee Unfair Dismissal Solicitors on FREEPHONE 0800 1404544 or
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