Unfair Dismissal

Sometimes your dream job could end up being your worst nightmare. If you feel that your employment has ended on unreasonable terms, you may have been dismissed unfairly.

Securing employment is difficult. Once you have found your dream job, you may be relieved and happy. Unfortunately, sometimes what you thought might be a dream job could end up being your worst nightmare. Issues with your employer or colleagues may lead to an uncomfortable working environment.

Most people spend most of their waking hours at work, and if your employer is unhappy with you, they may release you from your employment contract. But they need to have grounds to be able to do that. If you feel that your employment has ended on unreasonable terms, you may have been dismissed unfairly.

Before making a case against your former employer for unfair dismissal, you should ask yourself the following questions:

What were the conditions of your employment agreement?

You will need to take a look at the contract you signed when your employment started. Check if there were details of a probation period, which would allow for dismissal without justification, or if the continuation of employment was dependent on your performance.

For example, if your job required sales targets, and your performance was below the standard agreed, then your employer may be within their legal rights to dismiss you.

Is there a valid reason for your dismissal?

Outside of the conditions stated in your contract, your behaviour or conduct may be unacceptable, and therefore dismissal may be just. For example, any illegal behaviour on your part may result in an immediate end to your employment.

Do you feel like you were discriminated against?

If you have ever felt that your employer or colleagues had ever treated you prejudicially, because of your gender, religious beliefs, sexual orientation, or other personal attributes which form your identity, it may be possible that you were unfairly discriminated against during your dismissal.

The average award for unfair dismissal in 2015/2016 was £13,851.

Were any accusations against you properly looked into?

Any allegations made against you should have been properly investigated to ensure that your dismissal was the correct disciplinary action. If there was no real investigation,  the allegation against you may have 1) been false, or 2) too small to deserve a dismissal.

Was proper disciplinary action taken before the dismissal?

If you were guilty of any wrongdoing, were you properly notified of the consequences of your behaviour? Were you made aware of procedural requirements within your workplace? Were there any warnings of dismissal before your employment ceased? If not, you may have a case against your employer.

“Even if you are found to have had a valid reason to dismiss an employee, it is still important you conduct an appropriate investigation and disciplinary procedure.”

– Kirsten Robb

What can you do if you were unfairly dismissed?

With the support of a legal advisor, you can state your case to an employment tribunal –  a group of independent people appointed by the government. As the tribunal will be completely impartial, they listen to the evidence given by you, the claimant (employee) and the respondent (employer) without prejudice. Then a decision is made. To bring your case to the tribunal you must be aware of the costs.

An initial fee of £250 is charged when submitting a claim and then another £950 is paid for the hearing. Before making a claim, you must be sure that you are likely to win the case, as these fees are not refundable. Time must also be invested, so a professional with experience in unfair dismissal cases can ensure that every stone is left unturned and that you get the best result possible.

At Linkilaw, not only do we have a highly specialised team with the experience you will need to secure a successful claim, but with our hand-picked lawyers, we also will ensure that whoever represents you will have your best interests at heart.

If you would like to get in touch about a possible case of unfair dismissal or any other employment related matter, please don’t hesitate to contact us.