Unfair dismissal is a challenging experience, but understanding your rights can make a significant difference. If you believe your employer has dismissed you without a fair reason or failed to follow proper procedures, you may have grounds to challenge their decision. This guide outlines what constitutes unfair dismissal, how to determine if you’re eligible to make a claim, and the steps you can take to seek resolution.
What Is Unfair Dismissal?
Unfair dismissal happens when your employer ends your employment without a valid reason or fails to follow the correct process. Common examples include dismissal due to discrimination, raising workplace concerns, or exercising your statutory rights (such as taking parental leave). To challenge your dismissal, you’ll need to prove your employer acted unfairly and, in some cases, breached employment law.
Check If You’re Eligible
Not all employees qualify to claim unfair dismissal. You usually need to have worked for your employer for at least two years. However, this rule doesn’t apply if your dismissal involves discrimination or a breach of your basic rights. Review the terms of your employment contract and check if your employer followed their dismissal procedure. If they failed to investigate or didn’t give you notice, you might have a strong case.
What to Do If You Think You’ve Been Unfairly Dismissed
Act quickly if you believe your dismissal was unfair. First, write to your employer to ask for written reasons for your dismissal. This can help clarify if they followed a fair process. If you’re still unsatisfied, consider making a claim to an Employment Tribunal. Most claims must be filed within three months, so don’t delay. Before starting your claim, contact ACAS (Advisory, Conciliation and Arbitration Service) to attempt early conciliation. This free service can help you resolve the issue without going to court.
Get Legal Advice
Challenging an unfair dismissal is complex, but the right legal advice can make all the difference. At Pre-Law, we offer clear, affordable support to help employees understand their rights and build strong cases. Whether you’re preparing for an Employment Tribunal or need advice on negotiating a settlement, we’re here to help. Contact us today for a free initial consultation.