Unfair dismissal is when you have been dismissed from your job by your employer with either with no good reason, not enough of a reason, or when they do not follow the statutory procedures to dismiss you.
You will only be able to claim Unfair Dismissal against your employer if you meet a certain number of conditions, including if you are classed as an employee (and not classed as a freelancer or contractor, for example), you have been employed by your employer for over two years and that you can demonstrate this is a legal reason that your dismissal was unfair.
However, there are also certain reasons why dismissal is classed as unfair legally even if you have not been employed for over two years. Such reasons include issues relating to maternity or paternity leave, pregnancy, whistleblowing, asking for your legal rights and being part of a trade union.
You should firstly ask your employer to state in writing the full reasons for dismissing you. They have legal obligations to provide this statement to you within two weeks of your request.
You should also raise a grievance with your employer and give them an opportunity to address your concerns as well as exhausting any internal appeal process.
There is also a requirement for you to contact ACAS to undertake a process called Early Conciliation, which is a way to try and settle the case before it is brought to an Employment Tribunal. There are very strict legal time limits in which to bring your claim and you must act quickly.
It’s really important to understand your legal rights when it comes to starting an Unfair Dismissal claim, which is where our dedicated team at Jarmans can assist you from the very start of the process.
You can rely on our professional and experienced solicitors at Jarmans to help you navigate through the legalities of both understanding whether you can bring a claim for Unfair Dismissal against your employers and also guiding you through the process itself, whilst providing you with a service that supports you in making informed decisions.
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