Unfair Dismissal
Life is hard enough if you come out of work. If you feel your employers have not been fair with you and you feel they may have dismissed you unfairly then it may be a comfort for you to know we are here to get you the confidential advice you need.

What is Unfair Dismissal?

Unfair Dismissal is when the following happens:

  1. An employee is dismissed and they qualify for the right to bring an Unfair Dismissal claim.
  2. The employer did not have a fair reason to dismiss the employee.
  3. Or, the employer did have a fair reason, but the matter was dealt with unfairly.

Unfair dismissal is a statutory right and it is covered by an Act of Parliament.

The current law states that an employee must have 1 year's continuous employment with the same employer to qualify for unfair dismissal protection. Continuous employment carries on during sick leave, holidays and Maternity Leave.

The best advice is that you should contact us as soon as you are dismissed or suspended, this will give the solicitor time to investigate the case.

In the meantime if there is a company procedure the employee can still go through it as long as they do not miss the 3 month deadline.

Extensions to the 3 month limit have been allowed for the following reasons:

  1. Where the employee has been ill.
  2. Incorrect advice from Job Centre or Employment Tribunal staff.
  3. Delay due to the postal service.
  4. New evidence comes to light later making a claim possible.

Extensions are not available for the following:

  1. The employee did not know they could claim.
  2. If the employee waited for other legal action connected with the dismissal to end.
  3. A solicitor or legal advisor gave incorrect advice.

Although please note there may be exceptions to the 3 month rule and we can advise you on these if applicable.

If you would like any further advice on this or any other issue.

Call us on 0800 319 6669

Alternatively please get in touch with us through our contact page.