Have I been unfairly dismissed?
Unfair Dismissal is a claim which is made to an Employment Tribunal by a previous employee who worked with their employer continuously for more than 12 months. This claim requests that the Employment Tribunal examine the fairness of the reason given for ending an individual's employment and establish if the dismissal was made for any other reason. These reasons can occasionally have underlying factors including race, age or sex discrimination. The tribunal will assess all evidence presented and it will make a decision as to whether or not they deem the dismissal as unfair. It can prove difficult to show that an employer behaved unreasonably in the circumstances, therefore it is vital that you prepare your case with precision and attention to detail in order to prove that the employer has acted unreasonably.
Am I able to claim for unfair dismissal?
You need to have been employed continuously by your employer for 12 months in order to present a claim for unfair dismissal to an Employment Tribunal. If you commenced work after the 6th April 2012, you require 2 years of continuous employment experience. Please also note, you can not be self-employed, you must be an employee. You may be entitled to sue for economic losses you encountered, for example loss of earnings and pension contributions or contractual benefits that have arisen from your dismissal. You are unable to claim for anxiety, stress or injury to your feelings resulting from being unfairly dismissed, however you may be able to if a discriminatory element to your dismissal exists.
Unfair dismissal claims are capped by statute, hence the maximum you would be awarded in this current year by a Tribunal (even if your losses are greater) is £74,200 compensation should the Tribunal think it “just and equitable” in which to do so. Additionally, the Tribunal will make a “Basic” award for each whole, completed year of service multiplied by a sum of £450 (please be aware, this figure will increase each year). Feel free to contact us here at Employment Lawyer in London to discuss how we can assist you with employment legal advice.
What are Constructive Dismissals?
A Constructive Dismissal is one of the most common topics that we get enquiries about. It is a claim for breach of contract yet it can also involve unfairness issues. In brief, should an employer take certain action that fundamentally breaches the employment contract terms, which is so alarming that the employee finds it impossible to continue working, it is possible to result in a claim for constructive dismissal. Expert legal advice from an employment solicitor should be sought as soon as possible prior to claiming for constructive dismissal. At Employment Lawyer in London, we are always happy to offer employment legal advice on the best course of action to take.
Note: As it comes under a breach of contract claim, any worker whose employment contract has been breached is able to make a constructive dismissal claim .