Unfair Dismissal Compensation Claims

If you feel that you have suffered from unfair dismissal, chances are you have been left with a number of questions - such as: What are your rights? Can you make a claim for financial reimbursement?  How far does the law go to protect you as an employee? And what evidence do you need to have to prove your case?  It is understandable that you may feel confused and distressed over your situation and at the very least you have the right to know whether or not your job loss constitutes an unfair dismissal. In the most general sense an unfair dismissal can be deemed to have occurred when: (a) An employee is dismissed and they qualify for the right to bring an Unfair Dismissal claim; (b) The employer did not have a fair reason to dismiss the employee, or (c) The employer had a fair reason, but the dismissal was handled unfairly. When your employer terminates your employment with or without notice, this is known as dismissal. It can also occur when a fixed-term contract is not renewed or when an employee is forced to retire. Dismissal can be communicated verbally or in writing. If you have been dismissed from your job and your employer does not have a valid reason for dismissing you and/or has acted unreasonably, you may have a claim for unfair dismissal. Some dismissals are automatically unfair, such as:

1. When you have used, or attempted to use, a statutory employment right (such as parental leave);
2. Because you have become pregnant, or
3. Because of your membership/non-membership of a trade union.

To take a claim to the Employment Tribunal an employee is usually required to have had one year's service with the employer, or be under the normal retirement age. In the above circumstances of automatic unfair dismissal (numberd 1-3), these requirements do not apply. A dismissal can be deemed 'potentially fair' (and therefore not qualify for a compensation claim) if it has occurred because of:

1. Your conduct;
2. Your ability to do the job;
3. Redundancy;
4. Retirement (from 1 October 2006);
5. A legal reason that prevents you from doing your job (such as losing your driving licence if you're a delivery driver), or
6. Any other substantial reason.

Furthermore, if you have been dismissed whilst taking part in unofficial or unlawful industrial action, you may lose the right to claim unfair dismissal. If you've been employed for over a year (or you are pregnant or on maternity or adoption leave), you have the right to demand a written statement of reasons for your dismissal if you request it. An employer is required by law to investigate a situation adequately and to follow the steps in the statutory dismissal procedure (where applicable). If they have not followed the minimum procedure, your dismissal is usually automatically unfair. However, if your employer has investigated the matter fairly but happens to have come to the wrong conclusion it does not automatically follow that the dismissal is unfair. Your employer must show that they have:

1. A valid reason for dismissing you;
2. Acted reasonably in the circumstances, and
3. Acted consistently in their procedures with regard to other employees.

In the case of retirement, the fairness of the dismissal depends simply on whether or not your employer complied with their duty to consider you working beyond retirement. A dismissal can be wrongful and unfair. Wrongful dismissal occurs when your dismissal is in breach of your contract, such as being dismissed without notice or without following a contractual procedure. Where a court finds in your favour that you have been unfairly dismissed, you may be awarded compensation that is intended to put you where you would have been financially if you hadn't been dismissed. You will be expected to show you have reduced any financial loss by signing on or looking for new work.