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Unfair Dismissal

If an employee feels that they have been dismissed from their employment with you without a good reason or you have failed to follow a correct procedure when dismissing them they may be able to pursue a claim for Unfair Dismissal in the Employment Tribunal.

If their employment commenced before 6th April 2012, then as a prerequisite to bringing a claim for unfair dismissal, the need to have worked for you for at least 12 months. Due to recent changes in Government legislation, anyone who commenced employment on or after 6th April 2012 will need to have worked for their employer for 2 years before they can bring a claim for unfair dismissal. However, there are certain exceptions to this rule. If they believe that they have suffered discrimination or have been dismissed for an Automatic Unfair Reason such as pregnancy, then they may be able to bring a claim regardless of their length of employment.

Compensation for Unfair Dismissal

If the Employment Tribunal finds that the dismissal was unfair then there are three basic forms of compensation available for unfair dismissal:

  • Reinstatement – This is where the employee is reinstated back to their original job and are paid wages not received as a consequence of the dismissal. This is only usually awarded if the relationship has remained amicable
  • Re-engagement – This is where the employee is re-employed in a comparable capacity, different to their original position. Again, this is only awarded if the relationship with you has remained harmonious
  • Compensation – This is monetary compensation and the most common remedy for unfair dismissal.

If you have any questions, or if your business is facing an Employment Tribunal claim, please Contact us on 0800 644 1544 for a free consultation with one of our expert solicitors. They will carry out a full assessment of your situation and provide you with advice tailored to the specific needs of your business.

Our dedicated employment solicitors are able to carry out full preparation of your Defence and arrange representation at the Employment Tribunal. We will continue to advise you of the merits of the claim throughout, and provide tailored and commercial advice at every stage of the process.

If an unfair dismissal claim is brought against you, the time-limit for submitting a response (known as an ET3) is 28 days from the date of receipt of the claim form (called the ET1) by the Tribunal. It is therefore vital that if you receive a claim you seek professional advice as soon as possible.

At Caines Law we have significant experience of representing employers on unfair dismissal claims, including those with elements of discrimination, constructive dismissal and redundancy.  We are able to advise you on whether we believe you have a defence to the claim, and can prepare the Tribunal case fully for you.

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