Home > Legal Articles > I think I’ve been dismissed unfairly – what do I do?

I think I’ve been dismissed unfairly – what do I do?

Posted on Friday, 21st June 2013 by
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A dismissal could be deemed as unfair if you were dismissed without a reason or without using the correct and formal dismissal procedure. There are also other situations where your dismissal could be classed as unfair can include:

  • If you requested flexible working hours
  • If you refused to give up your rights with regard to working times i.e. taking allocated breaks
  • If you resigned using the correct notice period
  • If you required time off for jury service
  • If you exposed a work place wrongdoing
  • If you applied for maternity, paternity or adoption leave

If you have been dismissed for any of the above reasons, without a reason or without the correct dismissal procedure then you may have been unfairly dismissed.

 

Once you have established that your dismissal could be classified as unfair then it usual to try and resolve the issue with the help of a third party using mediation, arbitration or conciliation. Members of unions can also speak to their union representative.

 

If it is not possible for you and your employer to rectify the issue then you can make a claim for unfair dismissal at an Employment Tribunal. To be eligible to take your case to Employment Tribunal you must have worked for your employer for a minimum qualifying period and must be classed as an employee.

 

If you were employed:

  • on or after 6 April 2012 – the qualifying period is normally 2 years
  • before 6 April 2012 – the qualifying period is normally one year

 

It is important that the issue is discussed promptly to establish if an Employment Tribunal is required as a claim for unfair dismissal at an Employment Tribunal has to be made within 3 months of the dismissal date.

Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

 

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Andrew Robinson - Employment Law
Andrew Robinson - Employment Law
andrew.robinson@ehlsolicitors.co.uk 01509 212 108
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