A Guide To Procedures And Unfair Dismissal Online Help

A claim for unfair dismissal can arise in many different circumstances

, therefore knowing what action to take if you do have a claim is quite crucial.

Generally speaking, there are two broad reasons when you might be able to make such a claim: if you have been dismissed for unfair reasons, or if your employer dismissed you without following the correct regulations and company procedures.

The first thing to do if you think you might have an unfair dismissal claim is to work out what your claim is based on. For instance, why were you dismissed? What reason did your employer give you? It's important that you know this as you will be expected to prove unfair dismissal if you take your case to an employment tribunal. There are good sources of help about unfair dismissal online, where you can find detailed breakdowns of what counts as unfair dismissal and also find solicitors who might be able to help you in your case.

When you have the basis of your unfair dismissal claim worked out, then you need to make sure that you are eligible to make such a claim. Again, unfair dismissal online sources of help will be useful here in determining whether or not you are eligible. For some claims, you will need to be employed by your employer for at least one year before being able to proceed with the case. If, however, you have been dismissed for reasons relating to your statutory rights (such as if you tried to take maternity leave), then this is deemed to be 'automatically' unfair and you will be eligible to make a claim no matter how long you have been employed in your job.

Next, you need to try and resolve the issue. It's a good idea to try and sort things out with your employer before taking any other action as it may be possible to resolve the situation fairly simply. You should file a formal complaint with them and consider getting either a specialist employment law solicitor or a professional arbitrator (such as from Acas) involved to help mediate the case and support you in your claims.

If it isn't possible to resolve the issue with your employer, then you can take the case to an employment tribunal. You need to do this within three months of being unfairly dismissed, so it's important that you act swiftly if you think you might have a legitimate case. You will have to prove that you have an unfair dismissal claim, so make sure you keep records of everything that happens so you can present them at the tribunal as evidence. At the tribunal, you will be found to be either successful or unsuccessful and, if your claim is successful, then you should be entitled to compensation.

by: Tim Bishop

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