Do you believe you have been unfairly dismissed at work? This can be an incredibly upsetting process to go through, but it can also lead to concerns about your future and financial security. Therefore, if you believe that the dismissal was unfair, you may want to seek legal action against your former employer so that you can receive compensation as well as prove that it was not fair. Read on to discover the main steps to take in this situation.
Understanding unfair dismissal
First, you need to understand what constitutes unfair dismissal in the eyes of UK law. There are many valid reasons for dismissal, including misconduct, redundancy, and poor performance, but there are also many dismissals that are unfair and unlawful. Examples of unfair dismissal include discrimination, whistleblowing, and asserting your rights.
UK employment law is also often changing, so you need to be aware of recent developments, such as the proposed Employment Rights Bill, which aims to provide day-one protection against unfair dismissal. It is important to identify early on whether the dismissal was procedurally and substantially unfair so that action can be taken.
Steps to take before legal action
There are a few steps to take before pursuing legal action that will put you in a strong position. These include reviewing employment contracts, gathering evidence, and attempting internal resolution through grievance procedures. The Advisory, Conciliation, and Arbitration Service (ACAS) should be used in early conciliation as a process that can be used to reach a settlement without going to a tribunal.
Seeking legal representation and support
It is important to seek legal representation and support when pursuing an unfair dismissal claim. Sources such as Citizens Advice Bureau and Trade Unions can be invaluable in these solutions, but you should also consult with reputable local solicitors who specialise in employment law to navigate the complexities of the legal process effectively.
Filing a claim with the Employment Tribunal
At this point, the next step involves filing a claim with the Employment Tribunal. This must be done within three months less one day from the date of dismissal, and you will need to fill in an ET1 form, which will outline your case. There are a few possible outcomes, including reinstatement and compensation.
If you believe that you have been unfairly dismissed, the information in this post should be useful. Being unfairly dismissed can be shocking and upsetting, but it can also have a significant impact on your life and financial security, so you will always want to take action to resolve the issue.