Unfair Dismissal? What Next?

If you think you have been or are about to be unfairly dismissed by your employer, it is wise to use any and all internal appeal procedures.

Before you make a formal complaint against your employer for unfair dismissal you should attempt to resolve the reasons behind your dismissal first.

If an appeal is not successful then you may well be able to make an appeal to the Work Place Relation Commission. This again involves going through a conciliation service where a representative will aim to work through your issues listening to both parties. It is important to keep copies of any letters sent or received and maintain a folder filled with any meeting minutes and details of telephone discussions.

When looking for a new job you might be eligible for job seekers allowance amongst other benefits such as housing benefit and council tax benefits.

If you wish to make a claim through an employment tribunal for unfair dismissal it is usually required that you have completed one year’s service first. This does not apply if you were laid off for an unfair reason. You can make a claim no matter how long you have been working there.

Some reasons why an unfair dismissal case cannot be filed are;

  • If you are a worker (not classed as an employee).
  • If you are a member of the armed forces.
  • If you are self-employed or working for an agency.
  • If you are a member of the police services.

If you manage to reach a compromise with your employer where you decide not to follow through on an unfair dismissal case, then you will be banned from making a complaint in an employment tribunal.

In unfair dismissal cases, you are only eligible to make a claim within three months of being dismissed. It is up to you to provide evidence that you have been dismissed unfairly. This can be more difficult if you are claiming to have been unfairly dismissed due to constructive dismissal.

If the employment tribunal agrees that you were treated unfairly then you will be awarded compensation or on some occasions given the opportunity to return to your previous job.

The compensation is intended to reinstate you to your financial position had you not been dismissed.

An Employment Tribunal may reduce your compensation if it decides that your conduct played a part in your dismissal

It is always best to get advice from a qualified lawyer. So contact Mark Doyle, the Head of Employment Law at Actons Solicitors for advice in Employment Law.

Whilst all efforts have been made to ensure accuracy in this article, it is intended for general information purposes only and should not be relied upon as legal advice. If you have specific query, please contact us so that we can provide you with specific tailored advice.

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