Please note: the claim must be made within 3 months of your effective date of termination

If your employer has terminated your employment for an unfair reason or you have lost your job in circumstances that are unfair and your employer has not followed proper and fair procedures, you may be able to make a claim for unfair dismissal and receive compensation for your dismissal.

In certain circumstances your dismissal will be considered automatically unfair.

We can advise you on your specific circumstances and whether you have a valid claim.

In order to qualify to claim unfair dismissal the following criteria must apply:

You must have been continuously employed for at least one year or more if you were appointed to your job on or before 5 April 2012.

You must have been continuously employed for two years if you were appointed on or after 6 April 2012.

There are, however, exceptions to this general rule. If your dismissal is for one of these excepted reasons then this requirement for continuous employment does not apply.

 

Fair reasons

Your employer can dismiss you fairly but they must be able to prove that the reason was a fair one and that they acted reasonably and fairly in all the circumstances in deciding to dismiss you.

The five potentially fair reasons for dismissal stated in the ERA 1996 are:

• Incapability;
• Misconduct;
• Redundancy;
• Contravention of a duty or restriction;
• Some other substantial reason.

 

Automatically Unfair Dismissals

It is considered automatically unfair for your employer to dismiss you for one of the protected reasons. These include dismissal related to trade union reasons, pregnancy or other parental leave reasons, grounds of age, protected workers refusing to work on a Sunday. These are only a few of the protected reasons.

The key factor is the motive for the dismissal and We can advise you whether your dismissal falls under one of these protected reasons.

Remedies

If your claim is successful then you can be reinstated or reengaged if you so wish.

Alternatively you may want to be compensated for the financial loss and distress caused. An award of unfair dismissal compensation is usually made up of a basis award and a compensatory award. These awards are based upon various factors such as your length of service, amount of earnings, age, future loss of earnings and loss arising from the manner of the dismissal. It is a complicated exercise.

We can advise you and provide an indication of how great the awards will be if your claim for unfair dismissal is successful.

You should always in the first instance raise a grievance with your employer and accept their offer of an appeal before bringing your claim. Failure to do may result in any compensation awarded being reduced by up to 25%. Alternatively if your employer fails to hear the grievance or offer you the right to an appeal, the compensation awarded may be increased by up to 25%.