Unfair Dismissal Claims

How Long Must I Work Before I Can Complain Of Unfair Dismissal?

At the moment, you have to be employed for one year. In April 2012, it’ll be 2 years. However, if a dismissal is discriminatory or for another prohibited reason, such as whistle-blowing, union activity, or health and safety, it’s automatically unfair and you don’t need any service to make that claim.

Am I entitled to receive warnings before I am dismissed?

Not always. If you commit a serious act of misconduct, you can be dismissed for a first offence. It all depends on what’s “reasonable”. Most companies have a Disciplinary Procedure which contains a list of offences which they regard as so serious that you can be dismissed without warning. Often, it’s the list of Gross Misconduct offences. It’s unfair to dismiss you for something if you had no way of knowing that your employer views it as a serious matter, for example if it’s not on that list or others have “got away with it”.

Can I be represented in a disciplinary or grievance hearing?

There is a statutory right to be accompanied by a colleague or a union representative. Accompaniment is different to representation and you can only have a relative or friend by agreement with your employer. In my view, the wise employer will agree to such a request. Hardly any employers will allow you to have a solicitor with you. The position is different for doctors and similar professionals, particularly if dismissal means the end of your professional career.

If you’re facing a disciplinary or grievance hearing or want help drafting your grievance letter, call Rupert Budgen on 08458 73 73 33 for advice.

What is Unfair Dismissal? 

Whenever an employer terminates an employee’s contract of employment, that’s a dismissal. Every employee has the right not to be unfairly dismissed, but an Employment Tribunal can only deal with claims from employees with more than 1 year’s service. In April that will change to 2 years. The Employment Rights Act gives 4 potentially fair reasons for dismissing somebody, conduct, capability, redundancy and statutory illegality. An employer can only dismiss for one of those 4 reasons or “some other substantial reason”. An example of that might be a reorganisation that doesn’t meet the definition of redundancy given in the Act. A dismissal is unfair if it is unreasonable for the employer to dismiss for that reason in those particular circumstances.

Rupert Budgen has handled hundreds of unfair dismissal claims. If you’ve been dismissed, or think you’re about to be, give him a call on 08458 73 73 33. He’ll be able to give you an honest and straightforward assessment of your chances.

What is Constructive Dismissal?

When an employee resigns in the face of a fundamental breach of contract by the employer, he has been constructively dismissed. The employer’s conduct must be so bad that the employee is entitled to leave immediately. In most cases, people do leave immediately, but some employees give notice, even if they think they’ve been constructively dismissed. Almost every constructive dismissal is unfair. I have known one fair constructive dismissal in my career.

Please call me on 08458 73 73 33 if there are difficulties at work. I’m well aware that sometimes it gets very emotional and it can be difficult to see the wood for the trees.

How do I qualify for the right to bring an Unfair Dismissal Claim? 

You need to be an employee, not just a worker or self-employed. At the moment, you need 1 year’s continuous service with the same employer. On April 1^st 2012, you’ll need 2 years service.

Is there a time limit for bringing an Unfair Dismissal Claim? 

You must get your claim in within 3 months, so if your employment ends on 1^st April, the Tribunal office must receive your claim by midnight on 30^th June.