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Unfair Dismissal

Trouble at work?
Are you being harassed, bullied or discriminated against?
Do you hate going into work?
Have you lost your job?
Are you resigning because of the situation at work?
You may have a claim against your employer...

Sacked / Unfairly Dismissed

If you have been sacked /dismissed; was it unfair? do feel that you should not have been sacked?. Did your employer follow the relevant procedures laid down by the Employment Regulations Act 1996?

If your employer does not follow the correct procedure, if they have not provided specified reasons or they have acted unreasonably then you may have a case for making an unfair dismissal claim.

You must normally have been in employment for over 1 year to claim for unfair dismissal.

In the first instance you should attempt an appeal and/or grievance under your employer's internal appeal and/or grievance procedure.

Unfair dismissal claim must be brought against your employer within 3 months of dismissal so don’t delay.
Examples of automatically unfair dismissals:

• Pregnancy - you asserted a statutory employment right - e.g. taking leave in respect of a pregnancy or other dependant care
• Being a member of a Trade Union or not electing to being a member
• Requesting flexible working
• Requesting minimum wage pay
• Following or asserting Health and Safety regulations
• Retirement - unless a specific procedure is followed

If your dismissal is classed as automatically unfair the one year continuous employment does not apply.

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