What to Do if You Suspect Unfair Dismissal

Getting let go from a job is never easy. When you suspect an unfair dismissal, it’s even more frustrating. Not only is it upsetting, but now there may be legal action for you to take with the company in question. What’s more, you need to educate yourself on what unfair dismissal is, how it’s different from constructive dismissal and then figure out what you can do.

While the best person to contact is usually a legal expert or a representative of your trade union, this blog post will outline some of the basics.

What Constitutes Unfair Dismissal?

First and foremost, you have to know what constitutes an unfair dismissal. There are many factors that fall under this category of dismissal. According to Gov.uk, those factors include:

• They don’t have a good reason for dismissing you.
• They didn’t follow the formal company disciplinary or dismissal process—or the statutory minimum dismissal procedure for Northern Ireland.

In addition, your dismissal may have been unfair if it happened as a result of you:

• Asking for flexible working
• Refusing to give up your working time rights, I.E. taking rest breaks
• Resigning with the correct notice period
• Joining a trade union
• Taking part in legal industrial action that lasted 12 weeks or less
• Needing time off for jury service
• Applying for maternity, paternity and adoption leave
• Being on the maternity, paternity or adoption leave you’re entitled to
• Trying to enforce your right to receive Working Tax Credits
• Exposing wrongdoing in the workplace (whistle-blowing)
• Being forced to retire (known as ‘compulsory retirement’)

If any of that rings a bell, you also need to figure out if your unfair dismissal qualifies for legal action. That’s based on the following distinctions, according to Citizens Advice:

• Your employment status. Your rights depend on whether you’re an employee or not.
• The duration of your time with the company. You can usually only challenge a dismissal if you've worked there for two or more years.

If your dismissal does seem to qualify, it’s time to take the next steps.

What Do You Do?

The process of appealing against your dismissal starts with getting expert advice to confirm your suspicions. “Either from your trade union or ACAS, who provide an excellent advice service.  They will tell you if you have grounds for a claim and what the next steps should be,” says Simon Sapper, Director of Makes You Think, Commissioner and 30-year workplace issues veteran.

Before submitting a complaint, you can approach the employer in an effort to come to an agreement, keeping you from submitting anything formal. If you’re ready to take legal action, however, Sapper suggests the following steps:

• Make a written record of what happened, including dates, times, places and witnesses.  “Memories fade over time and the process of putting things in writing is that it helps order your thoughts, and those of anyone you need to show the account to,” says Sapper.
• Double-check your contract and all correspondence sent by the employer. It’s possible that this was a mistake, suggests Sapper.
• Submit an Employment Tribunal claim as soon as possible In most cases, you’ll only have 90 days to do so.

Once submitted, you may be awarded financial compensation: “If an Industrial Tribunal finds in your favour, you will usually be awarded compensation. Sometimes you will be given the opportunity to return to your job. You don't have to take your job back, but your compensation may be lower if you don't,” explains Nidirect.gov.uk.

That compensation will fall into one of two categories:

• A basic award. This is calculated based on your age and length of service, subject to a maximum limit which is reviewed every year
• A compensatory award. This is subject to a maximum limit, the amount of which is reviewed every year.

Get Your Unfair Dismissal Seen

If you have been unfairly dismissed, there are many resources available to help you get the compensation you’re owed. Hopefully you find the information in this blog post valuable, but don’t forget to get help from a legal expert or your trade union right away. With their advice, you can decide the best course of action.