Employees - Unfair Dismissal

Tags: Unfair Dismissal

Unfair dismissal claims are the most common types of claims brought in Employment Tribunals (ET).

If you have been dismissed and your employer has not followed a fair procedure (this applies to redundancy dismissals), including not undertaken a proper investigation and/or given any consideration for alternative to dismissal, you may have a claim for unfair dismissal. 

What are the qualifying criteria for bringing an unfair dismissal claim?

To proceed with a claim for unfair dismissal, you must:

  1. Be an employee and not an independent contractor or self-employed and 
  2. Have  been employed for the minimum qualifying period of service which is currently two years (though this requirement is subject to exceptions). 

What makes a dismissal unfair? 

Under the Employment Rights Act 1996 (ERA) an employer can (and do) argue that they had a potentially fair reason for dismissal, i.e. for a specified reason such as misconduct or inability to perform the role. 

Whether the ET considers a dismissal to be fair or unfair will depend on whether they believe an employer has been reasonable in all the circumstances. Where an employer has failed to conduct a proper investigation or failed to allow the employee an opportunity to put their version of events forward then the dismissal will be seen to be unfair. 

What remedies are available?

Employees who are successful in their claim for unfair dismissal can request reinstatement (returning to their old job) or compensation, though they will have to make every attempt to find alternative employment.

Are there any time limits to bring a claim? 

The time limit for bringing a claim for unfair dismissal in the ET is three months less one day from the date of the dismissal.  

How can we help? 

If you think you might have been unfairly dismissed and meet the above criteria, please contact us on 0113 350 4030 or complete the contact form for a free 30 minute telephone consultation. 

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    Tags: Employment Law, Employment Tribunal, Unlawful Deductions, Overtime

    Holland & Barrett Employee Wins Overtime Case

    A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.

    Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.

    Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more

    

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