How to determine if you have a case for unfair dismissal, step by step

Losing your job can be a stressful experience, especially if you believe the dismissal was unjust. Understanding whether you have a legitimate case for unfair dismissal is crucial, so this guide will walk you through the steps of determining your eligibility for an unfair dismissal claim and what potential compensation you could receive. 

What is unfair dismissal? 

Unfair dismissal refers to a situation where an employee is terminated from their job in a manner that violates employment laws. This could mean the dismissal was without a valid reason, or the employer did not follow the correct procedure. Understanding the term helps you assess if your situation qualifies for such a claim. 

Step 1: Understand Your Employment Status 

The first step is to verify your employment status. Only employees (not contractors or freelancers) who have worked continuously for their employer for at least two years are generally eligible to file an unfair dismissal claim. Check your contract and employment records to confirm this. 

Step 2: Review the Reason for Dismissal 

Next, evaluate the reason given by your employer for your dismissal. Legitimate reasons includes poor performance, misconduct, redundancy, or a legal issue that prevents you from working. If the reason provided doesn't fall within these categories, you may have grounds for an unfair dismissal claim. 

Step 3: Assess the Fairness of the Process 

Even if your employer had a valid reason for your dismissal, they must have followed a fair process. This usually involves giving you warnings, conducting investigations, and providing an opportunity for you to defend yourself. If these steps were skipped or mishandled, your dismissal might be considered unfair. 

Step 4: Gather Evidence 

Collect any documentation that supports your claim, such as emails, performance reviews, and witness statements. This evidence will be crucial in proving that your dismissal was unjust. Keep a record of all communications with your employer related to your dismissal. 

Step 5: Seek Legal Advice 

Consulting with an employment law barrister can provide clarity on your situation. A legal professional can help you understand whether you have a strong case and guide you through the process of filing a claim. Such expertise can significantly increase your chances of a successful outcome. 

Step 6: Calculate Potential Compensation 

If your unfair dismissal claim is successful, you may be entitled to various forms of compensation. This could include a basic award based on your age, length of service, and weekly pay, as well as a compensatory award for lost earnings and other related expenses. Knowing potential compensation for unfair dismissal can help you decide whether or not to pursue the claim. 

Step 7: File Your Claim 

If you do decide to proceed, you must file your claim with the Employment Tribunal. Ensure that you do this within three months less one day from the date of your dismissal. Missing this deadline can jeopardise your case. 

Step 8: Prepare for the Tribunal 

Once your claim is filed, you will need to prepare for the tribunal hearing. This involves organising your evidence, possibly attending preliminary hearings, and understanding the tribunal procedures. Your barrister can assist you in this preparation. 

On the day of the hearing, present your case clearly and concisely. Your barrister will represent you, but it's essential to be ready to answer any questions the tribunal may have. The tribunal will then decide whether or not your dismissal was unfair. 

Step 9: Await the Decision 

After the hearing, the tribunal will issue its decision. If the decision is in your favour, you will receive compensation and possibly reinstatement or re-engagement with your former employer. If not, your barrister can advise you on the next steps, including the possibility of an appeal. 

Assessing whether or not you have a case for unfair dismissal can be a complex process, but doing so will allow you to take informed action.  

If you believe you've been unfairly dismissed, don't hesitate to seek legal advice from one of our employment law barristers to protect your rights and secure the compensation you deserve.