An employee has the right not to be unfairly dismissed. However, in most cases you can only enforce this right in a tribunal if you have worked with your company for 2 years or more on the date of the dismissal.
There are limited circumstances where a dismissal could be fair. Some potentially fair reasons for dismissal are;
- Some other substantial reason
The employer must also show that he has acted reasonably when choosing to dismiss you.
If your dismissal does not fit into any of the potentially fair reasons, or your employer acted unreasonably when dismissing you, you could have been unfairly dismissed.
An employer may well believe it had reasonable grounds to terminate. But if an Employment Tribunal finds that no reasonable employer would have dismissed in the same circumstances, taking into account the size and administrative resources of the employer, then the dismissal will be deemed unfair.
Even if the dismissal is justified, it can still be unfair dismissal if your employer does not follow the correct procedure, or if your employer has failed to carry out a proper investigation in cases of gross misconduct.
In order to proceed with an unfair dismissal claim, you must:
- Have been continuously working for your employer for 2 years or more.
- Be within the 3 months less 1 day limitation period.
- Have attempted early conciliation through ACAS
- Be seeking alternative employment.
There is a very short time frame for you to bring an unfair dismissal claim, so it is important to seek immediate advice if you believe you have been unfairly dismissed. If you miss the limitation deadline you could be time barred, preventing you from making a claim.
Our employment specialist Yunus Lunat has 15 years’ experience and is a solicitor-advocate, which means he works on the case from start to finish. Yunus will conduct your case and will also represent you in an employment tribunal if required.
We also have a range of free drop in legal clinics across Yorkshire, and can be found on our website at isonharrison.co.uk
If you believe you have been unfairly dismissed, it is vital you speak with an expert. Therefore, call Yunus Lunat directly on 0113 284 5023 or email email@example.com to arrange a free initial consultation.