If you have been dismissed from your employment in unfair circumstances, you may be able to bring a claim against your employer for unfair dismissal.
Your dismissal will be unfair unless your employer can show that:
- the main reason for your dismissal was one of five potentially fair reasons (capability or qualifications, conduct, redundancy, illegality, some other substantial reason); and
- your employer acted reasonably in all of the circumstances in treating this as a sufficient reason for your dismissal.
In most cases, you will need at least two years’ continuous employment with the same employer to be able to pursue a claim for unfair dismissal. However, some dismissals are “automatically unfair” (such as trade union, whistleblowing and pregnancy related dismissals) and employees do not require two years’ continuous service to pursue an unfair dismissal claim in these circumstances.
You may have a claim for damages against your employer, if your employer has dismissed you in breach of contract, for example by failing to pay you for your contractual notice period or by failing to follow a contractual disciplinary procedure. This breach of contract action is known as “wrongful dismissal”.
If there is no dismissal, there cannot be a claim for wrongful dismissal and instead, you may have a claim for breach of contract.
If you have been dismissed from your employment you should seek legal advice at the earliest opportunity as there are very strict time limits for claims to be presented to the Employment Tribunal. Normally you must issue your claim within three months from the date that your employment ended.
Let us help
If you think you have been unfairly or wrongfully dismissed, please contact us. We have a team of specialist employment law solicitors who can advise you on the merits of your potential claims. You can be confident that our solicitors will guide you through the legal process and seek to ensure that you have the best chance of either resolving your dispute, negotiating a favourable settlement or issuing legal proceedings to seek compensation for you.