Losing your job is undoubtedly one of the most unpleasant and stressful experiences that anyone can go through. But the sense of frustration and confusion is only magnified if you believe that you were unfairly fired or let go by your employer. But rather than letting these feelings manifest as anger and regret, it is important to look into your legal options.
If you were dismissed unfairly from your job this could potentially have been against the law for your employer and you may be able to challenge the dismissal. Here we will take a look at what constitutes unfair dismissal and whether you could be in a position to make a claim again your former employer.
Have you been dismissed unfairly?
Firstly, it is important to draw a distinction between dismissal, resignation and end of contract. A dismissal occurs when the employer ends the contract of employment. Resignation occurs when the employee ends the contract, and end of contract occurs when the employment was only temporary and the contract has reached its end. In normal cases you can only make a claim for unfair dismissal if you have been dismissed (although in some cases if you feel you have been forced to resign, you make me able to make a claim).
Every UK employee is protected by rights against being unfairly fired, and if your employer has not followed the correct procedures, then this could be unfair dismissal. There are a number of reasons that can be cited as unfair dismissal. For example, an employee cannot be dismissed on the grounds of their age, race, gender, religion or pregnancy. It also against the law to dismiss anyone for being a trade union member or for exercising any legal right.
On the other hand there are a number of ground for dismissal that are considered fair. For example if the employee has committed serious or regular misconduct while in the role.
Understanding the difference between dismissal and redundancy
It should also be noted that there is a distinction between redundancy and dismissal. Like in dismissal, a redundancy is where the employer ends the contract, however, this occurs when a job is no longer required by the business. There are numerous reasons for redundancy, such as cost cutting measures, and this would not count as unfair dismissal.
In the case of redundancy, however, you employer should give you a potential warning about the redundancy as well as discussing potential potions with. It can also be the case that employers may use redundancy as the excuse for letting you go, but you believe it’s for a different reason.
Is claiming realistic?
If you believe that you have been dismissed unfairly then you might wish to bring a claim against your employer. However, this process can be complex as every case of employment law is different. The best possible step that you can take is to get in touch with a solicitor that has a good understanding of cases like yours. Visit George Ide’s website for more information and advice on resolving disputes at work.
The process of making a claim can be very complicated and you will need to feel that you can trust your solicitor throughout, so make sure that you choose one that you feel comfortable with.
Peace of mind
Going through the process of making a claim against a former employer can be stressful. This is especially true if you are worried that you could potentially lose the case and have to pay a very high legal bill. However, if this is a concern of yours then you don’t need to worry. You may be able to work with a solicitor who will take your case on a no-win, no-fee basis.
The right time to make a claim
If you believe that you have been dismissed unfairly then it is always best to make a claim as soon as possible. There are time limits in place under normal circumstances and you will need to make a claim within three months of the date of dismissal. This shows you that you really need to get as much information as possible very quickly. Once again, it is recommended that you speak to a solicitor if you have any concerns over how you were dismissed.