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Employment |
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| Click on the team page to find our who our Employment specialists are |
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| Q. |
I feel have been unfairly dismissed by my employer what can I do? |
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| A. |
If you feel that your dismissal was unfair, you will be able to make a claim for compensation. You may bring a claim for unfair dismissal through the employment tribunal provided that you have been continuously employed for a period of one year from the date of dismissal. In addition, you have rights based on UK and European law.
If you have a contract of employment you will need to show that your employer gave you no notice of dismissal or their reason for dismissal was unfair.
A claim must be made within three months from the date of dismissal. Redundancy claims are an exception and can be made within six months. During this period you can seek to resolve your claim by mutual agreement.
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| Q. |
How do I know what my claim is worth? |
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| A. |
There are two types of compensation awarded by an employment tribunal for claims of unfair dismissal. The 'basic award' is currently a maximum of £360.00 for each whole year that you have been employed to a maximum of 20 years. In addition, the tribunal may award a 'compensatory award' which is a maximum of £51,700 and decided upon by the tribunal chairman.
If the renumeration terms within your contract are greater than the current basic award your solicitor may advise you to pursue your case through the court rather than an employment tribunal.
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| Q. |
What is an Employment Tribunal? |
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| A. |
Employment tribunals are a quick and informal means of redress for employees seeking to bring claims against their employers. The tribunal consists of three people - a chairman who is legally qualified, and two people from non-legal backgrounds. Following a hearing of the case a written statement is prepared by the tribunal confirming its conclusions as whether you have won your claim or not.
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| Q. |
Should I use the tribunal or the court? |
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| A. |
Your decision will depend on the amount of your claim and personal circumstances.
Generally, the court system is more formal and not as quick as the tribunal. However, cases can be brought up to six years from the date of breach in a court and there is no financial limit on what the court can award.
Tribunals are an informal and quick system, however, there is a time limit of three months in all claims other than redundancy. There is also an upper limit of £25,000 for breach of contract claims.
If, under the terms of your contract, your entitlement to compensation is in excess of the upper limit claim then you would be best to pursue the claim through the County or High Court. Your solicitor can advise you on the best course of action to take.
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If you have any further questions please call us on 0115 878 9000
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