What is Dismissal?
To bring a claim for unfair dismissal, the employee must have been dismissed in a way recognised by the Employment Rights Act 1996. Types of Dismissal include:
- Termination by the Employer.
- Expiration of a fixed term contract.
- Resignation.
What is Unfair Dismissal?
If you have been unfairly dismissed from your job, our solicitors may be able to help you claim compensation.
There is a two stage basic test to establish whether a dismissal is unfair:
- The employer must show what the reason, or if more than one, the principal reason, for the dismissal. The reason must be one of the five potentially fair reasons set out below.
- The Employment Tribunal must then decide whether it was fair dismiss the employee for that reason.
The reason for the Dismissal?
Your employer must have a good reason for dismissing you and has to show that the reason is genuine and justified. There are five potentially fair reasons for dismissing an employee:
- Your conduct.
- Your capability.
- Redundancy.
- A statutory restriction.
- Another substantial reason.
If the employer cannot show the reason for dismissal, the dismissal will be unfair.
Who can claim Unfair Dismissal?
To claim unfair dismissal, an employee must have been continuously employed for at least two years at the effective date of termination of his/her contract if employed after 06th April 2012.
Employees do not need any length of service to claim unfair dismissal in certain circumstances where the dismissal will be considered “automatically unfair”; for example, the dismissal is connected with discrimination, whistle blowing, trade union membership or asserting a statutory right.
Individuals cannot claim unfair dismissal if they fall into the legal category of being a “worker” rather than an employee, or if they are self-employed. Identifying an individual’s employment status can be complex and you should take specialist legal advice if you are in doubt..
Time Limits
The time limit for lodging an unfair dismissal claim is within three months from dismissal. This time limit can be extended by up to one month under the compulsory Acas Early Conciliation Procedure.
Unfair Dismissal Remedies
The remedies are:
- Reinstatement where the employee is given their job back.
- Re-engagement where the employee is offered a different role with the employer.
- Compensation.
Re-engagement and reinstatement are not common as the relationship between employee and employer has often broken down irretrievably by the time Tribunal proceedings have been brought.
There is no compensation in unfair dismissal cases for stress or ill health caused by the employer’s actions. Where the unfair dismissal claim is combined with a discrimination claim the employee may be awarded compensation for “injury to feelings” or “injury to health”.
How compensation is calculated
Compensation consist of two elements. the basic award and the compensatory award. The basic award is calculated on a statutory formula based on the employee’s average gross weekly wage, their age and length of service subject to a statutory cap which is adjusted by the government, usually every October. The basic award for unfair dismissal is the same as the statutory redundancy pay.
The compensatory award is to compensate the employee for their actual loss of earnings and other benefits, such as pension, subject to them seeking to mitigate their loss by claiming the appropriate benefits and looking for new work.
Tribunals can also reduce both the basic award and the compensatory award if it finds that the employee’s conduct contributed to their dismissal. The Tribunal can also increase or reduce the compensation award by up to 25% for a party’s failure to comply with the Acas Code of Practice mentioned above.
Unfair Dismissal Solicitors in London
If you think you have been unfairly dismissed, we would encourage you to get in touch with us at the earliest opportunity. Taking advice before issuing proceedings will allow you to plead your case in the most effective way and reduce the risk of deficiencies and inconsistencies in your claim.
Call us today on 020 8318 4345 or send us an email, briefly outlining the nature of your enquiry to enquiries@as-solicitors.com.