Have you been dismissed? Are you eligible to bring an unfair dismissal claim? Are you within the timescale to bring a claim?
If you are an employee and believe you have been unfairly dismissed, we understand that this will be a stressful time for you. We will be able to assist you by identifying and advising you whether you are able to bring a claim for unfair dismissal and if not, what other claims you may have against your employer.
There is a strict three month time limit from the date of dismissal on bringing this type of claim. It is important you instruct someone at the earliest opportunity who can give you clear advice in relation to your current position and the options that are available to you. As soon as you instruct us we ensure your case is managed to ensure that deadlines are met and that you are kept up to date in every step of the process.
Have I been unfairly dismissed?
Your employer needs to be able to prove that the principal reason for your dismissal was one of the following:
the employee’s capability or qualifications for performing work of the kind which the employee was employed to do;
the employee’s conduct;
that the employee was redundant;
that the employee could not continue to work in the position which they held without contravention of a duty or restriction imposed by or under an enactment; or
was some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.
If you don’t believe the reason for your dismissal falls into one of the above categories then you may be eligible to bring an unfair dismissal claim. Although it is important to note, even if your employer can prove the reason is one of the above, they must have acted reasonably in dismissing you for that reason, if this is not the case then you may still be eligible to bring a claim.
What happens if it is found I have been unfairly dismissed?
If you are successful in bringing a claim there may be the option of being reinstated or re-engaged and/or receiving compensation. We will discuss these options with you in order to ensure that you make the right choice for yourself.
For more information please contact Katherine Maxwell or Naomi Greenwood.