Employment Law Services — Employees
The fairness of the procedure followed by your employer in determining your dismissal will be considered by an Employment Tribunal in accordance with the ACAS Code of Guidance on Disciplinary and Grievance Procedures. A Tribunal may increase or reduce compensation by up to 25% for any unreasonable failure by an employee or employer to follow the ACAS Code, e.g. your employer fails to advise you of your right to appeal your dismissal.
Bringing a claim
In some circumstances it may be possible to still bring a claim without any qualifying period of continuous service. (Usually those employed before April 2012 need to have 1 years service and those employed after then need 2 years). There are also circumstances where a dismissal is automatically unfair and no minimum period of continuity of service is required to bring such a claim and other types of claim eg. discrimination claims don't require any qualifying service.
Examples of claims for automatic unfair dismissal
- For exercising a statutory right (e.g. time off for dependants)
- For a reason connected to a business transfer/service provision change (insourcing/outsourcing)
- On the grounds of pregnancy/maternity
- Selection for redundancy on discriminatory grounds
- For taking action on health and safety grounds
- Union related dismissals
- Dismissals for having whistle-blown
Examples of claims for automatic unfair dismissal include, but are not limited to discrimination for the following reasons:
The statutory cap on unfair dismissal damages does not apply to many automatically unfair dismissal so for these damages is unlimited.
Time limits for presenting a complaint to an employment tribunal are strictly enforced and in many circumstances claims must be brought within three months of the act or omission complained of. You should therefore take legal advice in respect of any dismissal as a matter of priority.