Claiming for unfair dismissal can be a complicated process. Not only do you need to prove that you are eligible to claim, but you will also need to show that you tried to appeal your dismissal with your employer, before resorting to using the law. In this article we will explain why you need legal / professional advice when claiming for unfair dismissal.
What is Unfair Dismissal?
Unfair dismissal is when an employer dismisses an employee for a reason that is unfair or untrue. It is also classed as unfair dismissal if an employer has dismissed an employer with good reasoning, however has failed to act reasonably. For example, if they do not give a person notice of their dismissal, it will be classed as unfair.
Who is Eligible?
If you think you have been unfairly dismissed there is certain criteria you need to meet in order to be eligible to take your claim to an employment tribunal or country court. By hiring a solicitor you can make sure that you are eligible to go forward with your claim and stand a good chance at it being successful.
In order to prove unfair dismissal the employee must be able to show that they were dismissed after being in at least two years continuous employment. The claim must also be submitted to an employment tribunal within three months of the dismissal date in order for it to be valid.
The period of employment restrictions do not apply to automatic unfair dismissals. These are reasons such as being pregnant, taking parental leave, acting as a trade union representative and general discrimination on the grounds of race, religion, age and gender.
The importance of Acquiring Legal / Professional Advice
Managing a claim of unfair dismissal can be complex, so it is best to acquire legal or professional advice. By hiring a solicitor it will also show your former employer how serious you are about winning your claim. Solicitors and other legal professionals will be able to offer you invaluable advice that will help you strengthen your claim. They will be able to inform you of what evidence you need to gather and the likeliness of receiving compensation for your unfair treatment.
Legal professionals will also make sure that you take your claim to the right court. Unfair dismissals can be bought to employment tribunals, but there is a cap on the amount of compensation that can be re-covered. It currently stands at twenty five thousand pounds. If they believe your claim is larger, it may be more appropriate to take it to the county court. It is important to keep in mind that there will be a fee to pay to the court, depending on the size of the claim you make. By working with a solicitor you can have the peace of mind knowing that their expertise and knowledge will ensure your claim is bought to the right place, whether it is an employment tribunal or country court.
If you believe that you have been unfairly dismissed and want to make a claim against your previous employer then you will need to do so within three months of your dismissal date. In order to do this it is best to get in touch with a solicitor who will be able to evaluate your claim and decide whether it is strong enough to pursuit. Working with a solicitor will help to strengthen your claim as it will show how committed you are to seeing it through to the end. A solicitor will also be able to provide you with information and advice, ensuring that you feel comfortable and supported throughout the process.