Making a Claim for Unfair Dismissal

If you have been sacked and believe that you were unfairly dismissed, then you have the legal right to claim against your employer at an Employment Tribunal. To make sure you have a strong case you should ask yourself if your employer had a valid enough reason for firing you and if they acted in a fair manner when doing so. If not you may have a claim.

Reasons for a unfair dismissal claim

For an employee to make a claim for unfair dismissal they must have worked for their employer for 1 year and they will need to be under the national retirement age.

The claim will also need to be made to the Employment Tribunal within 3 months from the day of dismissal. Claims after this time limit will not be process, except for exceptional circumstances.

Types of Unfair Dismissal claims:

• Unfair dismissal due to trade union reasons: if you join or refuse to join a union and get fired, you can make a claim for unfair dismissal.

• If maternity was the cause for unfair dismissal: you cannot be fired if you fall pregnant or need to take maternity leave and are sacked instead.

• If you are dismissed before, during or after a business transfer or takeover.

• Being unfairly dismissed because you have taken part in Industrial action.

• If you are unfairly dismissed because you refused to work more hours than you are contracted to.

• If you are unfairly selected for redundancy because your employer dislikes you.

• Making a claiming against your employer for being paid less than the minimum wage should not mean your employer can dismiss you.

• Health and Safety reasons: If you have taken the necessary precautions to protect yourself and fellow employees regarding health and safety cannot be a valid reason to be sacked. For example if you refuse to attend work due to a dangerous environment you cannot be sacked if health and safety is breached.

These examples are areas where the employees have the automatic right to make a claim for unfair dismissal. There are various other types of unfair dismissal claims which are known as potential dismissal claims, but these generally dependent on the nature of the claim. If you think you have been unfairly dismissed then I recommend you to start a claim by seeking advice and from a solicitor.

I am a legal writer who specialises in employment law, if you would like more information about unfair dismissal and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk.