Unfair Dismissal: FAQs

Facing an unexpected job loss can be incredibly stressful, especially if you suspect it was unfair. If you're a professional considering making an unfair dismissal claim, you're likely filled with questions and uncertainties.

This article aims to answer the most common questions about unfair dismissal and equip you with the knowledge you need to take your next steps with confidence. 

What is unfair dismissal? 

Unfair dismissal occurs when an employee's contract is terminated by their employer without a fair reason or without following the proper legal process. It's a concept designed to protect employees from wrongful termination and ensure that employers adhere to fair practices.  

What constitutes unfair dismissal? 

For a dismissal to be classified as unfair, it must meet one of a few criteria. 

Firstly, the reason for dismissal must be invalid or unjust, such as discrimination, retaliation for whistleblowing, or refusal to participate in illegal activities.  

Secondly, the employer must have failed to follow the correct dismissal procedures, including providing warnings and a chance to improve performance.  

Who can make an unfair dismissal claim? 

Not every employee is eligible to make an unfair dismissal claim. Generally, you need to have been employed continuously for at least two years to qualify. Additionally, you must be classified as an employee rather than a contractor or freelancer.  

How long do I have to make a claim? 

Time is of the essence when it comes to making an unfair dismissal claim. You have three months less one day from the date of your dismissal to file a claim with an employment tribunal. Missing this deadline can result in losing your right to pursue the claim, so it's vital to act swiftly and seek legal advice as soon as possible. 

What evidence do I need for an unfair dismissal claim? 

Gathering evidence is a critical step in substantiating your claim. This could include employment contracts, performance reviews, emails, and any records of disciplinary actions. Witness statements from colleagues can also support your case.  

The more comprehensive your evidence, the stronger your claim will be. 

What happens during an employment tribunal? 

An employment tribunal is a formal hearing where both parties present their cases. The tribunal will review the evidence, hear testimonies, and make a judgment based on the facts.  

It's a structured process, and having legal representation in the form of an employment barrister can significantly enhance your chances of a favourable outcome.  

Can I settle a claim out of court? 

Many unfair dismissal cases are settled out of court through negotiations between the employee and employer. Settling can be quicker, less stressful, and financially beneficial for both parties. However, it's crucial to ensure that any settlement agreement is fair and legally binding.  

What compensation can I receive? 

Compensation for unfair dismissal typically includes a basic award and a compensatory award. The basic award is calculated based on your age, length of service, and weekly pay. The compensatory award covers financial losses like lost wages and benefits.  

Do I need legal representation? 

While it's not mandatory to have legal representation for an unfair dismissal claim, hiring a barrister specialising in employment law can significantly strengthen your case.  

An experienced barrister can provide valuable advice, help gather evidence, and represent you in tribunal proceedings.  

What should I do If I suspect unfair dismissal? 

If you suspect that you have been unfairly dismissed, the first step is to seek independent legal advice. An employment barrister can assess your situation, advise on the validity of your claim, and guide you through the claims process. Acting promptly and informedly is important to achieving a successful outcome.