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Unfair Dismissal Claim

Unfair Dismissal Claims

Losing your job can be devastating, especially if it feels unjust. This not only disrupts your financial stability but can also knock your confidence and career progress.

If you've been let go without proper reason or your employer hasn't followed the correct procedures, you might be facing what's known as unfair dismissal.

An unfair dismissal can take many forms. Perhaps you've been terminated without a fair reason, the dismissal process didn't follow legal requirements, your redundancy was handled unfairly, or you were dismissed for raising legitimate concerns about your workplace. Whatever the scenario, the feeling of being treated unfairly can leave you overwhelmed and uncertain about your next steps.

• What is unfair dismissal?

• What are valid grounds for dismissal?

• What procedures must employers follow for a fair dismissal?

• What makes a dismissal unfair?

• What's the difference between unfair dismissal and wrongful dismissal?

• Who can make an unfair dismissal claim?

• What are the time limits for making an unfair dismissal claim?

• How long does an unfair dismissal claim take?

• What evidence do I need to support my unfair dismissal claim?

• What is the role of Acas in the unfair dismissal claims process?

• How can a solicitor help with unfair dismissal claims?

• Do you need a solicitor for an unfair dismissal claim?

• What are the benefits of using a solicitor for unfair dismissal claims?

• What are the costs involved in making an unfair dismissal claim?

• What are the potential outcomes of a successful unfair dismissal claim?

• Can I get my job back if I win an unfair dismissal claim?

• How much compensation could I get for an unfair dismissal claim?

• What factors influence compensation for unfair dismissal claims?

• What happens if my unfair dismissal claim is unsuccessful?

At Lawhive, we understand the toll that unfair dismissal can take. Not to mention that standing up against unfair dismissal can be intimidating, especially if you fear retaliation or further harm to your career.

Our mission is to provide employees with accessible, affordable, and expert legal support to help challenge unfair decisions and seek justice. As such, our network of specialist employment solicitors is on hand to provide clear, actionable advice tailored to your specific circumstances, helping you assess whether your dismissal qualifies as unfair and what you can do about it.

From initial consultations to filing your claim and representing you at the Employment Tribunal, we provide comprehensive support at every stage of your unfair dismissal case.

Contact us today for a free case evaluation to find out how we can help you challenge unfair dismissal.

What is unfair dismissal?

Unfair dismissal refers to a situation where an employee's termination from their job is unjust, either because there was no valid reason for the dismissal or because the employer did not follow the proper legal procedures.

What are valid grounds for dismissal?

For a dismissal to be considered fair, it must be based on:

• Misbehaviour or misconduct by the employee, like theft, dishonesty, or repeated failure to follow workplace rules;

• Issues related to the employee’s ability to perform their job;

• Redundancy due to restructuring or downsizing;

• The employee can't continue to work without breaching legal statutory requirements;

• Any other significant reason that justifies the dismissal, which is reasonable and substantial.

Further, the dismissal must be reasonable under the circumstances.

This means that any reasonable employer in the same situation would consider dismissal as an appropriate and proportionate response to the employee's behaviour or the business situation.

What procedures must employers follow for a fair dismissal?

Even if there is a valid reason for dismissal, employers must follow a fair process. This includes:

1. Conducting a thorough investigation into the reasons for dismissal, especially in cases involving misconduct or capability;

2. Telling the employee of the reasons for considering their dismissal and allowing them to respond;

3. Giving the employee appropriate notice or pay in lieu of notice, unless the dismissal is for gross misconduct, which justifies immediate termination;

4. Allowing the employee to appeal the decision if they believe it was unjust or not handled properly.

What makes a dismissal unfair?

A dismissal may be classed as unfair if there is no valid reason that falls into one of the legally acceptable categories under the Employment Rights Act 1996 or if the employer doesn't follow a fair process in line with statutory requirements and the company's procedures.

What's the difference between unfair dismissal and wrongful dismissal?

Unfair dismissal deals with the overall fairness and reasonableness of the dismissal process as defined by UK employment law.

Wrongful dismissal, however, is based on common law principles related to contract law and relates to the breach of contract at the time of dismissal, such as failing to provide the required notice period or not following the contractual disciplinary procedure.

At Lawhive, we provide a free case evaluation to determine whether you have a case for unfair dismissal, wrongful dismissal, or both.

Further, our network of experienced employment lawyers is on hand to explain your rights, the differences between the claims, and the most suitable course of action based on your circumstances.

Contact us today to find out more.

Who can make an unfair dismissal claim?

To be eligible to claim unfair dismissal, most employees must have been continuously employed by the same employer for at least two years.

However, there are circumstances where the two-year qualifying period does not apply. Key exceptions include:

• Discrimination: If an employee is dismissed for reasons related to a protected characteristic, they can claim unfair dismissal without needing to meet the two-year requirement.

• Whistleblowing: Employees who are dismissed for making a protected disclosure, known as whistleblowing, are also exempt

• Other automatically unfair reasons: There are other scenarios where the dismissal is considered automatically unfair, regardless of the employee’s length of service. 

These include dismissals related to:

• Trade union membership or activities.

• Taking part in lawful industrial action.

• Exercising statutory rights (e.g., requesting maternity leave or asserting the right to minimum wage).

• Health and safety activities, such as acting as a health and safety representative or raising concerns about workplace safety.

What are the time limits for making an unfair dismissal claim?

To bring an unfair dismissal claim, the standard time limit is three months from the dismissal date.

How long does an unfair dismissal claim take?

Unfair dismissals follow a set process, and timelines can vary depending on at what stage the claim is resolved.

Here's a detailed breakdown of the steps involved and how long they might take. However, it's important to note that this may vary depending on the situation.

Early conciliation

Before submitting a claim to the tribunal, employees are required to notify Acas (Advisory, Conciliation and Arbitration Service) and engage in Early Conciliation.

This process can take up to a month, with an option to extend by another two weeks if both parties agree to continue conciliation.

Filing the claim

If conciliation fails or you choose not to engage in it, you can proceed by filing a claim with the Employment Tribunal.

This step is typically quick, taking about a week to complete.

However, once your claim is submitted, the tribunal will send a copy to your employer who has 28 days to respond. This period can sometimes be extended if the employer requests additional time and the tribunal agrees.

Preliminary hearing

The tribunal may schedule a preliminary hearing to clarify the issues, establish a timeline for the case, and make any necessary orders for further evidence or submissions.

This hearing usually takes place within a couple of months after the initial claim submission.

Final hearing

Once the preliminary steps are complete, the tribunal will set a date for the final hearing. Due to varying tribunal workloads and case complexities, the hearing may be scheduled several months after the preliminary hearing.

The final hearing itself can range from a single day to several days.

Tribunal decision

After the hearing, the tribunal will deliberate and issue its judgment. This decision can be delivered on the same day or, more commonly, be reserved to be provided in writing later.

The written judgment is typically issued within a few weeks after the hearing.

If both parties are open to settlement negotiations or mediation, the case might be resolved faster.

Conversely, if either party is uncooperative, the process can take much longer.

What evidence do I need to support my unfair dismissal claim?

Your evidence in an unfair dismissal claim must show that your dismissal was unjustified or your employer failed to follow fair and proper procedures.

Types of evidence required for a strong unfair dismissal claim include:

• Copies of your employment contract, job descriptions, and employee policies.

• Correspondence between you and your employer like emails, letters, meeting notes, minutes, and disciplinary or grievance paperwork.

• Witness statements from colleagues, supervisors, or union representatives.

• Pay slips and bank statements.

• A copy of your dismissal letter or notes from disciplinary hearings.

What is the role of ACAS in the unfair dismissal claims process?

Acas is an independent public body that provides free and impartial information, advice, and services to help resolve workplace disputes, including unfair dismissal.

Before an employee can file an unfair dismissal claim, they must tell Acas of their intention to bring a claim and participate in the early conciliation process to explore the possibility of a settlement.

If conciliation is unsuccessful or the parties do not wish to continue, Acas will issue an Early Conciliation Certificate.

This certificate is required to proceed with an Employment Tribunal claim.

How can a solicitor help with unfair dismissal claims?

An employment lawyer can provide invaluable support in your unfair dismissal claim, ensuring your rights are protected and increasing your chances of a successful outcome.

A solicitor can help at all stages to:

• Understand the details of your dismissal and assess whether your dismissal is unfair based on the evidence;

• Explain your legal rights under UK employment law and outline your options for proceeding;

• Gather evidence to support your claim and present a strong case to the tribunal;

• Complete the ET1 form required to start a claim;

• Negotiate a fair settlement agreement and ensure any agreement is fair and legally binding;

• Manage the pre-action disclosure process;

• Provide expert employment tribunal representation;

• Understand the tribunal's decision and assess whether there are grounds for an appeal.

Do you need a solicitor for an unfair dismissal claim?

Legally, you don't have to engage a solicitor to make an unfair dismissal claim. You can, instead, choose to represent yourself as a litigant in person.

That being said, engaging a solicitor can help you increase your chances of a successful claim.

What are the benefits of using a solicitor for unfair dismissal claims?

Solicitors specialising in unfair dismissal claims have in-depth knowledge of the legal framework governing these types of claims. As such, the key benefits of engaging a solicitor include:

1. Strategic advice based on your circumstances;

2. Reduced stress and burden on you;

3. Increased chances of success.

What are the costs involved in making an unfair dismissal claim?

There are no tribunal fees for filing an unfair dismissal claim or for the hearing itself.

Further, some solicitors operate on a conditional fee agreement (commonly known as no win, no fee), where you only pay if your claim is successful.

As such, there may be no upfront costs involved in making an unfair dismissal claim.

However, if your claim is unsuccessful, the tribunal may (in very rare cases) order you to pay your employer's legal costs.

What are the potential outcomes of a successful unfair dismissal claim?

If your unfair dismissal claim is successful, it means that the Employment Tribunal has found that your dismissal was unjustified or that your employer did not follow the proper legal procedures in terminating your employment.

A successful unfair dismissal claim can lead to:

• Compensation for the unfairness of the dismissal itself;

• Compensation to cover financial losses including lost wages;

• Reinstatement to your original job;

• A comparable position in the same company.

Regardless of the remedies, employers are legally required to comply with the tribunal's orders within a set period.

Can I get my job back if I win an unfair dismissal claim?

One possible outcome of an unfair dismissal claim is reinstatement or reintegration, however, either must be feasible and practical for both parties.

Returning to the same workplace after a dispute however can be challenging, especially if relationships have been strained or the working environment is no longer supportive.

As such, if reinstatement or re-engagement is seen to be impractical or undesirable, the tribunal may award financial compensation instead.

How much compensation could I get for an unfair dismissal claim?

Compensation for an unfair dismissal claim in the UK is designed to address the financial losses and emotional impact experienced by an employee due to unjust termination.

Compensation generally comprises two main components: the basic award and the compensatory award.

Basic award

The basic award is calculated using a statutory formula based on your age, length of service, and weekly pay.

The maximum total basic award is £19,290 or 30 weeks' pay, whichever is lower.

You get:

• 1.5 weeks' pay for each year of employment when you were aged 41 or over.

• 1 week's pay for each ear of employment when you were aged between 22 and 40.

• 0.5 weeks' pay for each year of employment when you were aged 21 or younger.

The weekly pay used for calculation is capped at a statutory maximum, currently £669.

Example: If you were unfairly dismissed at 45 years old, with 10 years of service and a weekly pay of £700:

• Years aged 41+: 4 years x 1.5 weeks = 6 weeks

• Years aged 22-40: 6 years x 1 week = 6 weeks

• Total Weeks' Pay: 12 weeks

• Weekly Pay Cap Applied: 12 weeks x £669 = £8,028 (instead of 12 x £700 = £8,400 due to the cap)

Compensatory award

The compensatory award covers the financial losses resulting from the unfair dismissal, including lost wages and benefits, future loss of earnings, and other expenses.

The compensatory award is capped at £105,707 or one year’s gross pay, whichever is lower.

That being said, you are expected to take reasonable steps to mitigate your losses, such as actively seeking new employment.

Further, any income earned from a new job will be deducted from the compensatory award.

What factors influence compensation for unfair dismissal claims?

Factors that could influence compensation amounts for unfair dismissal claims include:

• Your length of service

• Your age at dismissal

• Your weekly earnings

• Your employment prospects

• Your efforts to mitigate losses by seeking new employment

• The conduct of both parties during the dispute.

Many unfair dismissal cases are settled before reaching the tribunal with a settlement agreement.

Settlement amounts can vary widely based on negotiation but typically consider potential tribunal awards and the desire to avoid litigation costs.

What happens if my unfair dismissal claim is unsuccessful?

If your unfair dismissal claim is unsuccessful, it means the Employment Tribunal has determined that your dismissal was fair or that your employer followed the correct legal procedures.

As such, you won't receive compensation or remedies. You may also be responsible for any legal costs incurred during the tribunal process, including solicitor's fees.

You may, however, be able to appeal the tribunal's decision if you believe:

• The tribunal applied the wrong legal principles or misunderstood the law;

• There could have been significant procedural errors during the process that affected the fairness of the hearing;

• The judgement was unreasonable.

Appeals must be lodged within 42 days of receiving the tribunal’s written judgment.

However, you should consult with a solicitor to decide whether you have sufficient grounds for an appeal and if it is viable.

How Lawhive can help with your unfair dismissal claim

At Lawhive, we are dedicated to providing comprehensive support and expert legal guidance throughout your unfair dismissal claim.

Our network of experienced solicitors will explain your rights, outline your options, and help you understand the potential outcomes, so you can make informed decisions about your case.

Should you choose to proceed with a claim, your solicitor will also assist in completing and filing the ET1 form and, if required, handle all aspects of case management, including representation during the tribunal hearing if you need it.

To learn more about how we can support you with your unfair dismissal claim, contact our Legal Assessment Team for a free case evaluation.