Unfair Dismissal Claims
Being dismissed from a job can be a terrible experience, especially when it happens abruptly and without warning.
If you believe you were dismissed without good reason you can seek the legal advice from our employment law solicitors at a no-win-no-fee basis.
Claim Compensation for your Unfair Dismissal
If you were dismissed without a fair reason, we can help you claim compensation for the losses you suffered as a result.
Unfair dismissal refers to a situation in which your employment contract is terminated by your employer without a fair and justified reason.
What makes a Dismissal ‘Unfair’ in the Eyes of the Law?
Employers are entitled to dismiss any member of staff if it falls under one of the following reasons set out in the Employments Rights Act 1996:
- Employee’s incapability to carry out their job, including;
- Not keeping up to date with important changes to the job, such as adapting to new processes or computer systems, and
- Not willing or able to work well with colleagues
- Poor conduct
- Long term illness that prevents the employee from being able to do their job
- Fair redundancies
Employers would also be permitted to dismiss someone if their continued employment would break the law, for example if they were a courier but had recently lost their driving license.
Failure to Follow the Disciplinary Process when Dismissing an Employee
As with any dismissal, your employer is expected to follow the company’s formal disciplinary procedure. This tends to involve several verbal warnings, an attempt to resolve the issue and a final written warning before the dismissal takes place.
Your employer needs to give you the opportunity to improve as well as reasonable time to recover.
Even if you have been dismissed for a legitimate reason, your dismissal may be classed as unfair if your employer failed to follow the disciplinary process.
When a Dismissal is Classed as Automatically Unfair
When a dismissal breaches the employees’ statutory legal rights that dismissal will be classed as ‘automatically unfair’.
When a case brought to the employment tribunal is substantiated and classed as automatically unfair the employer will not get the right to defend their case and automatically lose. The employment tribunal will then decide on the compensation the employee is entitled to.
Most Common Cases of Automatically Unfair Dismissal
It would be considered automatically unfair if you were dismissed for one of the following reasons:
- You were pregnant or on maternity leave
- You have joined a trade union or act as an employee representative
- You raised concerns over a health and safety issue
- You asserted your legal rights (such as demanding your right to the minimum wage)
There are more reasons that are classed as automatically unfair, however these are the most common ones.
Our employment solicitors will be able to provide you with further information about automatically unfair dismissal claims and help you assess if your case is regarding an automatically unfair dismissal.
Frequently Asked Questions
Is there a time limit for unfair dismissal claims?
You must start the claims process within three months of the dismissal taking place, otherwise an employment tribunal will likely dismiss your case.
Most cases of unfair dismissal can only be taken to the employment tribunal if you have been working for that employer for a minimum of two years, however there are exceptions to this.
If your claim is considered 'automatically unfair' you may take your claim forward even if you were employed for a shorter period of time.
How do I make a claim?
Being unfairly dismissed is a distressing situation to be in and it is understandable that starting a legal process against your former employer can be frightening.
Our employment solicitors will help you gain control over the situation by assessing your case and providing you with a detailed overview of your legal options and likely outcomes if you wish to proceed.
We are here to ensure you receive the compensation you are entitled to. As well as obtaining your basic award, we will strive to win you the maximum compensatory award whilst supporting you along every step of the way.
How is compensation calculated?
Compensation for unfair dismissal is broken down into two different awards; the basic award and the compensatory award.
The basic award
The basic award is determined in a similar way to redundancy payments; it is dependent on your age at the time of the dismissal, years of service and weekly pay. If you are between the ages of 22 and 41, you could expect to receive a week’s pay for every year of service.
If you are under 22, you would receive half a week’s pay for every year that you were employed.
If you are aged over 41, your weekly wage would be multiplied by 1.5.
You can only count up to twenty years of service when calculating this payment, even if you had been with the employer for longer. The maximum weekly wage that you can claim for has been capped at £508, as of April 2018.
The compensatory award
Your compensatory award is based on the amount of wages and benefits you have lost because of the unfair dismissal.
The employment tribunal will make certain considerations, such as assessing how likely you are to find new employment and what financial perks you have lost.
The absolute maximum compensatory award currently stands at £83,682.
Starting your Unfair Dismissal Claim
Appointing our solicitors will significantly increase your chances of being awarded your claim.
We will guide you through the process and ensure your claim is filed with the employment tribunal.
At the Employment Tribunal Hearing
We support you at the hearing, help you prepare and help you collect the evidence to back up your claim.
We are here to answer any questions you may have and will make sure you are at ease with the process.
Employment law is complex, but our expert solicitors know exactly what to do.
Employment Law Solicitors
At AWH Solicitors, all of our employment law cases are handled on a no-win no-fee basis and we will not charge any hidden fees throughout the process.
Call us today on 0844 414 0667 or request a call back from one of our expert employment law solicitors at a time that suits you best.
AWH Solicitors supports clients with their employment tribunal claims on a no-win-no-fee basis. This means that as a client, you won’t put yourself at any financial risk.
If your case isn’t successful you don’t pay a penny, and if you do win you will keep all of the compensation awarded.
Since the 26th of July 2017 employees no longer need to pay fees to a tribunal to make an employment claim in the UK, making it possible for you to start your claim with our specialist support without spending any money.
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We aspire to be completely transparent on pricing from the beginning, so none of our clients will ever be surprised at the end of the process.
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Please be aware that cost may differ depending on your personal circumstances.
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