How We Can Help
If you feel you have been wrongfully dismissed, our employment solicitors can help. Unfair dismissal law is complex, and we may find there have been discrimination issues that need to be addressed. We will seek to settle your claim through negotiation using a settlement agreement and we can represent you at an Employment Tribunal.
Time Limits in Employment Tribunal Cases
There are time limits that apply to the presentation of employment claims at the Employment Tribunal. This is as short as within three months from the dismissal. You must also start ACAS Early Conciliation before approaching the Tribunal. You are advised, therefore, to get in touch with our solicitors as soon as you have been dismissed. Late applications will be considered if the tribunal is satisfied that it was impractical for the employee to have made the complaint within the three-month period, and that the employee applied within a reasonable time given the circumstances.
If you are looking to initiate or defend an unfair dismissal case, get in touch with our specialist employment lawyers. Our team of employment solicitors have a wealth of expertise and experience in the field of employment and a proven track record and can see you smoothly and swiftly through the entire process.
How Much Compensation Will I Get in an Unfair Dismissal Claim?
The remedies for unfair dismissal are either the basic award, a compensatory award, reinstatement or re-engagement.
The basic award is calculated as:
- 1.5 weeks’ pay for each whole year of service after the age of 41
- 1 week’s pay for each whole year of service between the ages of 22 and 40 inclusive
- 0.5 week’s pay for each whole year of service under the age of 22.
(These figures are subject to a maximum of twenty years’ service.)
The calculations are worked backwards from the date of dismissal which means if the employee has been employed for more than 20 years, he can get the benefit of the later years which will usually attract a higher sum of money.
The compensatory award compensates the employee for any loss of earnings as well as other direct losses as a result of the unfair dismissal. This amount will be decided by the tribunal, and can include compensation for reasonable expenses incurred by the employee and will also include compensation for loss of statutory rights.
Reinstatement is where the employee goes back to his work on the same terms and conditions, with no loss of continuity of employment. Re-engagement is where the employee works for the employer on similar terms and conditions, but in a different job. Re-engagement or reinstatement make up around 1% of all successful unfair dismissal cases.