Advice for Employees on Unfair Dismissal Claims

If you are considering making an unfair dismissal claim, you should take advantage of our experience and expertise in this area of law. We can help bring your case to an employment tribunal, where you may be entitled to compensation, another job in the same company or even reinstatement.

To speak to a solicitor about making an unfair dismissal claim, simply call us on 0345 872 6666 or fill in our online enquiry form and let us know when we can call you back.

About Unfair Dismissal Claims

Every employee who has been with a company for over two years is protected from unfair dismissal. In such instances, your employer must show that the main reason for a dismissal is due to one of the following:

• You lack capability or qualification in the work you carry out
• Your conduct (dishonesty, poor attendance or bad punctuality, for instance)
• Redundancy
• A criminal offence prevents you from continuing to work (e.g. you are a delivery driver who has been banned from driving)
• Some other substantial reason (clashes with management or other staff or you are asked to be removed from an account by a client, for instance)

If your employer fails to prove any of the above and displays any of the below examples of outright unfair dismissal, you will be able to make a claim. There are many grounds for unfair dismissal, but some of the most common are related to:

• Pregnancy or maternity leave
• Membership of a trade union
• An employee not wanting to work in an environment they consider unsafe
• Whistleblowing
• Discrimination on the grounds of:
  • Age
  • Disability
  • Marriage and civil partnership
  • Gender
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sexual orientation

Regardless of the circumstances, if you feel you have been unfairly dismissed, you should speak to an experienced employment solicitor as soon as possible to start a claim.

Making an Unfair Dismissal Claim

To be entitled to make a claim for unfair dismissal, you need to have worked for your employer for two years or more. If you are eligible, the way the basic claim payment is calculated is quite simple:

• For each complete year's employment when you were aged under 22 years old, you can claim one week’s pay
• For each complete year's employment when you were aged between 22 and 40 years old, you can claim one week’s pay
• For each complete year's employment when you were aged 41 years or over, you can claim 1.5 week’s pay

The only restriction is that you can only claim for a maximum of 20 years’ service and the maximum pay for which you can claim is £525 gross per week.

Beyond this basic payment, you may be able to claim a compensatory award. This can vary dependant on circumstances, so it is a good idea to employ a solicitor to put forward a good case for you.

Compensatory awards are limited as a maximum to a year’s net salary or £86,444, whichever is lower.

For an estimate of how much compensation you could receive for a successful unfair dismissal claim, take a look at our calculator.

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