If you have been dismissed from your job for a reason that is legally classed as not fair, you are entitled to make an unfair dismissal claim. You can claim compensation and may be able to ask for reinstatement if you want to return to your job.
At Toner Legal, we are employment law specialists. We have extensive experience in dealing with unfair dismissal claims and routinely secure substantial payments for clients who have been sacked without good reason.
We know that it can be intimidating to bring a case against your employer and we will make sure that you have the guidance and support you need during your claim.
We are known for the level of service we provide to employees and we are always happy to talk through any concerns you may have and answer your questions. Throughout your case we will keep you updated as to progress and ensure that you know the next steps to be taken.
Our unfair dismissal claim services include:
- Advice on your legal position
- Putting together an unfair dismissal claim
- Working to achieve a settlement out of court
- Taking your unfair dismissal claim to an employment tribunal where necessary
Advice on your legal position
We will go through what has happened with you, looking at the reasons for your dismissal and any evidence that you have in support of your claim.
Depending on your employer’s reason for dismissing you, you may need to have worked for them for two years to be eligible to bring a claim. If you have less than 2 years of service, there may be other options.
However, some reasons for dismissal are automatically unfair and, in this case, there is no minimum qualifying period.
Reasons that are automatically unfair include:
- Pregnancy or taking maternity leave
- Forced retirement
- Whistleblowing
- Requesting flexible working
- Asking for family leave
- Trade union membership
- Asking for a legal right
- Raising a health and safety concern
Your employer needs to show that there is a fair and justifiable reason for your dismissal and follow the correct procedure in dealing with it. They cannot treat you differently to another employee and they must properly investigate any allegations against you before taking action to dismiss you. You also have these rights if you are a part-time worker.
We will look at the details of your case and give you our assessment of the strength of your case and what you could realistically achieve in bringing an unfair dismissal claim.
Putting together an unfair dismissal claim
If you ask us to represent you, we will put together the strongest possible case on your behalf. We will gather evidence in support of your claim, such as emails from your employer, evidence that they have treated another employee differently or legal documents such as your contract or employee handbook showing that the correct procedure was not followed in dealing with your dismissal.
We will notify your employer of your claim and go through the pre-action protocol. This involves setting out details of what has happened and exchanging evidence. We can ask your employer to provide documents to support your case and, where necessary, obtain witness statements.
Working to achieve a settlement out of court
It is preferable to try and resolve matters without taking an unfair dismissal claim to an employment tribunal. We are experienced negotiators and are frequently able to secure substantial compensation out of court.
We will work to achieve a settlement on your behalf, negotiating robustly to achieve the best offer we can. If necessary, we will guide you through the conciliation process.
Where we are able to agree on compensation, we will work to secure a comprehensive settlement agreement, including issues like an agreed reference for the future as well as adequate compensation for your financial losses.
Taking your unfair dismissal claim to an employment tribunal where necessary
If your employer is not prepared to negotiate or the lump sum they offer does not adequately compensate you, we can take your claim to an employment tribunal. You will generally need an early conciliation certificate from Acas before you start proceedings to show that you have made attempts to resolve matters.
There are strict deadlines for starting a claim. It usually needs to be within three months less one day from the date your employment ended, although it can be extended, for example, if you have been through the early conciliation process.
We will complete all of the necessary details in your claim, including setting out how your dismissal happened. The tribunal has the power to order your reinstatement or require your employer to re-engage you in a similar job. Your employer can also be ordered to pay you any lost earnings.
More commonly, employment tribunals will order that a sum in compensation is paid to you.
Contact our unfair dismissal claim lawyers
If you have been sacked and you believe that your employer has no fair reason for doing so, ring us today to speak to an unfair dismissal claim lawyer. We will discuss your situation and how we can help you secure the compensation you are owed.