When Should You Make A Claim For Unfair Dismissal Compensation?

If you have received the sack from work and you feel that it was unfair then you might have a claim for an unfair dismissal

. This could be due to the fact that the reason for the dismissal was unfair or the procedure used against you wasnt correct.

Employers are only allowed to terminate contracts for specific reasons, such as if you are not performing at the required standard for your job or you otherwise break a condition of your contract. If they have a 'fair' reason for dismissing you, then they must also follow the correct company dismissal procedure. If they don't, this could also be grounds for making a claim for unfair dismissal compensation.

If you do think you have been unfairly dismissed and would like to make a claim, then you will need to apply to and employment tribunal in order to claim for unfair dismissal compensation. However, you should first file a formal complaint with your employer and try to resolve the situation with them prior to seeking unfair dismissal compensation at a tribunal.

You could try, for instance, engaging either a union representative or a specialist from the Advisory, Conciliation and Arbitration Service (Acas) in order to sort out your differences. Make sure you keep copies of any letters you send or other correspondence that relates to your claim in case you need to use it at a tribunal later on.

If you cannot resolve the issue with your employer, then you can take the case to an employment tribunal. Generally, you will need to have been working for your employer for at least a year before you can make a claim for compensation at a tribunal. However, there are certain reasons for dismissal that are automatically deemed to be 'unfair' and so the time limit doesn't apply. Automatically 'unfair' reasons relate to your statutory rights, such as to maternity or paternity leave.

If you do go to a tribunal, then this needs to be done within three months of your dismissal and the burden is on you to prove that you have been unfairly dismissed. This is why it is really important to keep all documentation that relates to the issue so you can prove your case more easily.

If your employment tribunal claim is successful, then you will most likely be offered compensation and in some cases, you might also be offered your job back. Your compensation will be lower if you choose not to accept the job and you will also have to demonstrate that you are looking for alternative employment in order to minimise financial loss.

by: Tim Bishop

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