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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.
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)
- 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
- Discrimination on the grounds of:
- Marriage and civil partnership
- Pregnancy and maternity
- 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.
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.
JMW’s expert unfair dismissal solicitors are dedicated to protecting the rights of employees who have been removed from their job without fair reason. We understand how stressful and upsetting losing a job can be, especially when you believe you have been treated unfairly.
Our specialists provide the legal advice and services that will give you the best possible chance of recovering any compensation to which you may be entitled.
What our Clients' Say
Jennifer was intuitive in the handling of the case
A testimonial for Jennifer Smith from a satisfied client:
"Jennifer was intuitive in the handling of the case, professional and experienced enough to be able to advise her client appropriately and - despite her youth - brought a wisdom to the case management that I was able to enjoy and admire. I was privileged to depend upon those qualities throughout the time the case was proceeding. Should the requirement be there again to engage such a professional, Jennifer would be my first choice."
Satisfied Client, February 2012
Positive feedback about Jennifer Smith
Positive feedback from a client that Jennifer Smith has just advised on a compromise agreement
"Thank you so much once again, you have turned an unpleasant experience into a positively pleasant one "
Satisfied Client, February 2012
A big thank you for helping me
A thank you from Mrs P, Manchester
"I guess this now draws a line under what was a very unpleasant experience last summer. And a big thank you for helping me sort it all out. You have been very professional throughout and are a credit to your employers. I reckon you have a successful career ahead of you. "
Mrs P, Manchester
Thank you for all your help
A testimonial regarding the employment team at JMW
"Thank you for all your help. I know it is not over yet, but I do appreciate all the help received by you, Claire and Ian in this matter. It has been a stressful time but JMW have been marvellous and helpful. I would also like to take this opportunity to thank you for your support and efforts and I will always recommend you to anyone who requires a solicitor."
Miss K, Lancashire
A testimonial for Jennifer Smith from a client
Her advice and communication were first class.
"Jennifer has just completed some work on my behalf to the highest standard. Her advice and communication were first class. She builds trust and confidence and really importantly listens. I am delighted to recommend Jennifer."
Satisfied client, December 2011
JMW's employment team are of a high standard
A testimonial from Mr V about JMW's employment team
"The employment team at JMW are of a high standard, approachable and easy to communicate with and a credit to the company "
Jennifer Smith, Calm and Focused
Jennifer's client said the following kind words following a six figure settlement; 'My case was a complex matter with several complicating factors, however with Jennifer acting on my behalf I felt confident throughout that we would achieve a successful outcome.
Her professional approach and understanding of the issues was truly incredible. She has an amazing ability to keep calm and focused and her friendly and caring attitude with me made a difficult process easier to deal with. She kept me fully informed and updated throughout and constantly reassured me along the way. The successful outcome of my case was achieved due to Jennifer's hard work and dedication and I will always remain grateful that Jennifer was my acting Solicitor'.
Mark Luby – Owner/CEO, European Braking Systems Limited
“I have consulted Ian Tranter at JMW on a number of occasions and have always received the legal guidance and the commercial perspective necessary to resolve the issue promptly and pragmatically. It is important for me to have trust in the judgement of our preferred professional advisers”.
Martin E Fishwick FRICS, Senior Partner, Jordan Fishwick Group
“With reference to JMW’s assistance and support in recent employment issues we like JMW’s realistic approach to the resolution of employment disputes.
We don’t have many but when we do, Ian Tranter invariably comes up with a few sensible alternatives to sort them out, as well as anticipating potential pitfalls in the future to enable us to take the appropriate preventative steps.
Very commercial and practical, I have recommended Ian across the Jordan Fishwick Group as well as outside it.”
Nigel Newton, Managing Director, Clark Telecom
“Some years ago I was involved in a tricky employment law situation and Ian Tranter provided me with invaluable advice and support that was legally strong and commercially sensible. I am still using Ian, and the JMW Employment Team, to advise my own company through its current challenges. They are clear, concise and commercial, with impressive service levels – what more could I ask for?”
Charlotte Beeley highly recommended by client
I required the services of an employment solicitor and I could not recommend JMW, in particular Charlotte Beeley highly enough. She is wonderful on the phone, quick with e-mail responses and quick to return calls. She was extremely empathetic of my situation and her professionalism was second to none. Highly recommend.
I have no qualms in highly recommending Jennifer
I cannot praise Jennifer enough for the way she helped me with a former employer seeking to block my way to a new start. Her friendly, thorough, and calm approach helped me throughout in what was a very stressful situation. Her excellent legal knowledge and a ferocious letter helped us swing the approach from defence to attack turning the whole situation around and putting my former employer and their solicitors on the back foot.
I have no qualms in highly recommending Jennifer. Thank you so much for ensuring my future career was not jeopardised!