Unfair Dismissal: Time Is Of The Essence

Unfair Dismissal: Time Is Of The Essence

What is unfair dismissal?

Dismissal can be unfair for a variety of reasons, i.e.:

Who can claim unfair dismissal?

Under the Employment Rights Act, only employees that have a year’s
continuity of service at the date of dismissal
, or who have been dismissed
without notice and are within a week of gaining a year’s continuity of
service
, can claim .

How do you claim unfair dismissal?

Claims for unfair dismissal can only be brought before an .  To file a claim, you must use , which is available from the Employment Tribunal Service .

Are there any time limits?

Yes!  You must comply with strict and very short time limits to
claim unfair dismissal.  Normally a claim must be brought within three
months of the last day of employment
, counting the last day of employment
as the first day of the three month period.

Do I need a solicitor?

Employees may represent themselves before an employment tribunal, but seeking
the counsel and representation of a  is highly
recommended.

You can be in your area for free via solicitor matching
services, which can also help you to understand the best course of action for
your situation and whether you are ready to hire a solicitor.

And, again
depending on your situation, they may be able to help you find a solicitor who
will agree to take your case on a “no win no fee” basis, which means you don’t
have to pay for the solicitor’s services unless you win your case.

What does the employment tribunal do?

The employment tribunal will consider your claim and determine whether
the decision to dismiss you was  and reasonable.  It is important to note that the tribunal is not allowed to impose its view of what is reasonable on your
employer.  Instead, it must judge the reasonableness of your employer’s decision
to dismiss by the standard of a “” of reasonable employers.