Does My Case Qualify For Unfair Dismissal Compensation?

Does My Case Qualify For Unfair Dismissal Compensation?

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You can claim unfair dismissal before an employment tribunal if you have been sacked from your job without an acknowledgement of your statutory rights. An unfair dismissal claim helps you get compensation for the breach of your rights. However in order to bring a claim a certain amount of qualifying criteria must be reached. This article looks at this point in more detail.

First of all, you must have been an employee - as opposed to a self-employed contractor - working full-time or part-time for a particular employer, in an occupation that is not exempt from protection from being unfairly dismissed. Members of the police service or armed forces are not permitted to seek unfair dismissal compensation, for instance. You must also have accrued at least one year's continuous service for that employer, although there are exceptions, depending on your exact circumstances. It is possible to bring a claim with less than a year's service if you were dismissed for legitimate trade union activity, for example.

Secondly, you must bring an unfair dismissal claim within three months of leaving your job. This time limit runs from your "effective date of termination", which might be the date you were actually removed from your job, or the end of your period of notice. You can also bring a claim if you left your job because you felt your employer had made it impossible for you to continue. Although your employer hasn't actually dismissed you, this is known as "constructive dismissal", and still entitles you to seek compensation. The other qualifying criteria still apply, of course.

Thirdly, and most importantly, you need to prove to an impartial Employment Tribunal that you were dismissed unfairly. This will either mean that you were dismissed for an objectively unfair reason, such as asserting your health and safety or trade union rights; or that the employer used unfair procedures in order to remove you from your job. Denying you access to a representative at a hearing, or preventing you from bringing evidence are examples of unfair dismissal procedures. The Tribunal will look at both of these aspects in great detail. Your former employer will also be trying to prove that they did treat you fairly. It's therefore very important that you have strong evidence to back up your claim, such as copies of emails or other relevant documentation.

The best way to find out if you qualify for unfair dismissal compensation is to consult a specialist employment law solicitor. They'll be able to advise you on your particular case, and help you present it to the Tribunal. Indeed, working with a solicitor is so important that your claim is unlikely to succeed without professional legal help.

About the Author:
Bonallack & Bishop are specialists in making an unfair dismissal claim. If you want more information on unfair dismissal compensation then contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions.



Article Originally Published On: http://www.articlesnatch.com


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