Unfair Dismissal

• Although the Government is proposing to increase the qualifying period to two years, at present you need to have had 12 months' service in order to claim compensation for unfair dismissal, but there are many exceptions, such as:

a) When you are dismissed due to any discrimination based on race, sex, age, religion or disability (disability is very widely defined and does not just mean people in wheelchairs). It can include some very common illnesses, both physical and mental. To find out more click here.

b) If you were sacked for talking about or complaining about Health and Safety, excessive working hours (Working Time Directive), maternity rights, parental leave rights, whistleblowing about wrong practices at work or wanting to be in a trade union, you are protected in law. Click hereto find out more.

• In employment law, procedure is very important. The tribunals are very fussy with employers and they have to be exact in the way they do things. So even if you are partly at fault, you can get compensation if the employer has not gone through the right procedures.

• We need all your documents. If you are about to be or have already been dismissed, gather together all letters, your contract, staff handbook, any e-mail messages, memos or faxes or hand-written notes from work which have anything to do with your case. These are crucial. If you think you could be dismissed, then start making copies of important documents and make notes of all meetings and conversations while they are fresh in your mind.

• What if you have not been dismissed but are being bullied or if your job is unbearable? Many employers know the risks of going to tribunal and so, instead of dismissing you, they may try to force you to leave in other ways. This is called "constructive dismissal". If you have to leave because your job situation becomes intolerable, you can still bring a claim, but you have to go about it the right way. Call us before you make any decisions. To find out more clickhere.

• What about warnings and disciplinary hearings? We can help you with these, but you need to prepare for them in the right way to improve your chances at tribunal. We will be pleased to give you advice from an early stage, although your employer will usually not let us attend any hearings. The best thing is to take advice, but do not tell your employer that you are doing so as they may then improve their procedures.

• Grievance procedures. Most employers have grievance procedures to help employees try to sort things out whilst staying in their job. It is generally best to do this. If you don't, you could be badly criticised at the hearing. Correct procedures have to be followed by you and your employer. Call us for guidance on the grievance procedure.

• Appeals. You are expected to appeal and can be penalised by a tribunal if you don't. However, there is a dilemma if you have been sacked. If you appeal it can sometimes damage your case. For example, if you have been unfairly dismissed but with no proper procedures, you have a good chance of winning at a tribunal. If you appeal, the employer could reinstate you but then begin to make life difficult for you at work. One of our clients was reinstated but then demoted, transferred, given worse conditions and humiliated before other staff. It was done quietly and in a way that was hard to prove, making his case much harder than if he had not bothered to appeal.