The general rule is that you can claim for unfair dismissal as long as you have been continuously employed for at least 12 months by your employer.
Except if you started work after 1 April 2012 when you will need to have been employed for at least two years before you can make a claim for unfair dismissal.
If you haven’t been employed for a year don’t give up. There may be some exceptions if you are able to show that you fall into a special category.
This can be a complicated area so you might want to consult an employment solicitor.
Unfair Dismissal Time Limits
The employment tribunal must receive your claim three months less one day from the date of your dismissal. Your dismissal date is the date your employment ended. Failure to get your claim form to the tribunal by this date means you are likely to lose your right to bring an unfair dismissal claim.
Unfair Dismissal Advice From A Solicitor
Here are a few scenarios which suggest your dismissal was probably unfair.
- Did not give you a chance to put across your side of the story before dismissing you
- Failed to give you an opportunity to improve your performance before dismissing you
- Treated you more harshly in comparison to other employees
- Omitted to follow written down disciplinary procedure
- Dismissed you because you raised a valid complaint about your employment rights, or health and safety
- Selected you for redundancy when you should have been retained in place
Do any of these apply to you?
When you’ve been dismissed there is a natural tendency to question whether the dismissal itself or the process was fair. Take some objective advice. Unfair dismissal solicitors are best placed to give you an independent opinion. They will consider your employer’s reasons for dismissing you, review the process which was followed and advise you about compensation. They will also provide guidance about which is best: Employment Tribunal or out of court settlement.
If you think you have a potential claim and need unfair dismissal advice we can arrange for you to discuss your case with a specialist employment solicitor.
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