Losing your job is one of the most stressful life events that can occur, especially if you don’t have a backup job to go to. If it seems unfair to you and you feel you were wrongfully dismissed, you may be right. You should definitely look into gaining legal advice on dismissal to see if you could be entitled to anything.
Was Your Dismissal Unfair?
Unfortunately, not all dismissal cases are unfair and it can be completely legal for your employer to terminate your employment. However, it’s important to look into your individual circumstances to understand whether your dismissal was unfair or not.
Usually, you must have been working somewhere for 2 years or more for it to be considered as unfair and give you the opportunity to challenge your dismissal. This means that if you’ve only worked in your role for a few months and became dismissed, you probably won’t be able to challenge this.
Some common examples of dismissals include not being allowed to return to work following maternity leave, being dismissed for going on strike, or being made redundant. Of course, the reasoning behind these must be looked into before a case of unfair dismissal can be made, and if you have reason to believe you’ve been unfairly let go from your job, you should collect as much evidence as possible to discuss it with an independent advisor.
Who Can’t Claim Unfair Dismissal?
If you are a member of the armed forces, self employed, or an independent contractor, you cannot make a claim for unfair dismissal. Similarly, any employee who has agreed to a settlement agreement with their employer after seeking legal advice cannot claim for unfair dismissal either.
Part of the police force? Police staff cannot claim unless they have been dismissed due to health and safety concerns or whistle-blowing. The best thing you can do is seek legal advice before making any decisions.
Where To Go For Legal Advice On Dismissal…
There are plenty of places which you can go to for free advice, including but not limited to Citizen’s Advice and ACAS. However, ACAS cannot provide legal advice as they’re impartial, instead they can simply talk you through your options. If you have a workplace union, they can be a great place to start off with instead.
If you’re thinking of taking your previous employer to an employment tribunal, you do not necessarily need a solicitor. However, it can be extremely beneficial to have a solicitor who specialises in employment law to not only boost your confidence in your case, but also to have a professional helping and supporting you throughout. Receiving independent advice can really help you to understand the strengths and weaknesses of your particular case and can even boost your chances of winning in court.
On the search for the right solicitor for your case? Look no further, our employment law team are here to help. Simply get in touch with us today and we would be delighted to help.