Unfair Dismissal Legal Rights & Advice

You have lost your job, you haven't been made redundant but you may feel that you have been unfairly dismissed or constructively dismissed. Do you have any rights and what are they?

• Dismissal is normally fair only when the correct procedure has been followed and when your employer can show that it is for a reason related to your conduct, to your capability or qualifications for the job, or because your post is redundant or a statutory duty or restriction stopped the job from being continued.
• Occasionally there can be some other substantial reason of a kind which justifies the dismissal. Your employer must have acted reasonably in treating the reason as sufficient for dismissal. You have a right not to be unfairly dismissed.
• Normally you need to have worked at a company for a year before you can make a complaint to an Employment Tribunal. However there is no length of service required in relation to dismissal on grounds related to the right to request flexible working arrangements, dismissal in relation to maternity rights or dismissal in relation to taking parental leave.
• To find out full details of automatically unfair grounds go to the DTI - Unfair Dismissal . If you want to complain about unfair dismissal you must do it within three months of your date of termination. The maximum compensatory award for unfair dismissal is now 63,000.
• If you have already lost your job or know that you soon will and you want to resolve matters without proceeding to a tribunal, you can enter into a Compromise Agreement. A compromise agreement is a legally binding agreement following job termination. The agreement is in writing and usually states that you will receive a payment in return for which you agree not to take any claim to an Employment Tribunal.
• You and your former employer must agree to all parts of the settlement and there must be a specific format for it to be legal and valid. If you need to find further details on compromise agreements then follow this link. You must get independent legal advice about the terms of the agreement - look specifically for a solicitor or other legal professional in your region who specialises in employment law.
• Most people are nervous about contacting solicitors because they fear the costs involved. Many solicitors provide a free initial consultation, face-to-face or more usually on the telephone, to establish whether you have a case worth pursuing. If you have a case, an Employment Law expert will help you and give you indicative costs before proceeding.
• If you have had to resign because of the conduct of your employer, a tribunal may rule that you have been "constructively dismissed". An example of this might be where your manager suddenly decides to demote you with no warning or reason.

Good sources of further information are the DTI where you can...