Unfair dismissal faqs
How much would it cost to see if I have a claim for unfair dismissal?
At Aly & Hulme Associates, we know that none of our clients’ circumstances are the same. The simple fact is that every case is different and needs to be treated as such. This means that it is very difficult to estimate the costs involved in finding out if you have a claim for unfair dismissal. The strength of any claim you may ultimately have will depend on the quality of the investigation undertaken at the preliminary stages, in order to build a strong foundation for your case.
How long does an employment tribunal claim take?
Similar to the question of cost, it is difficult to prescribe a length of time for dealing with unfair dismissal claims. However, it is important to be aware that Employment Tribunal claims are subject to very strict time limits. In most cases, an unfair dismissal claim must be raised within three months of the last day of your employment.
Most Employment Tribunals work at a considerable pace and try to resolve a dispute as quickly as possible. Being represented by an experienced employment law solicitor, who can efficiently navigate the process and procedures involved in an employment tribunal claim, will also speed up the process. However, it is important to keep in mind that the more complex the claim, the longer it is likely to take to resolve.
How do I know if I can take the risk – how do I fund my employment law case?
Understandably, many people are wary of exploring instances of potentially unfair dismissal for fear that their claim will be unsuccessful, and that they may be held liable to pay significant legal fees - not only that of their employer but also their own. However, legal fees should not constitute a bar to people pursuing a claim of unfair dismissal against unscrupulous employers.
When is it okay and when is it not okay for my employer to dismiss me?
You must understand that the law will not always treat an employer’s decision to terminate an Will I receive compensation for loss of job due to the reason?
Any compensation that may be due to you will ultimately depend on the kind of reason that you were dismissed for. Unfair dismissal claims, if successful, will attract a financial compensation award. It is difficult to determine how much an individual could be awarded for an unfair dismissal claim in the abstract, ultimately being dependent on the individual circumstances. However, any award will be made up of two components: the basic component and the compensatory component. The basic award will compensate you for the loss of your job and the security that this brought you, and is calculated in the same way as redundancy payments.
Will I receive support until I find another job?
If you have been unfairly dismissed and are still looking for alternative employment, the Tribunal can decide that your former employer must pay you compensation until you find alternative employment. You should keep in mind that if a Tribunal is convinced that you have in any way contributed to the dismissal, albeit unfair, this could affect your compensation payment.
Will unfair dismissal affect my future job hunting?
It is unlikely that your being involved in an unfair dismissal claim would affect your future prospects. While Employment Tribunals follow an open procedure, very few cases are such as to warrant publicity. It is unlikely that any future employers will be aware of it, or that it would affect your looking for another job.
Do I have to tell future potential employers that my previous employment was terminated? In theory, the answer to this question is no, but you must be very careful not to lie. It is wise to be honest with future employers of your being involved in any disputes in previous jobs. Employers will in most cases conduct some kind of check to ensure that an employee’s working history is accurate.
Can future employers check and find there has been an issue?
As mentioned earlier, employers will normally check your application and employment history to ensure validity. If there has been some difficulty in the past, then this may be raised in the process of their checks.
I am afraid this might happen again. How do I avoid being dismissed in the future?
All employees will be wary of difficulties in the working environment, and for their job security. If issues do arise at work, it is important to remain calm and remember that both you and your employer owe legal obligations to each other. Furthermore, if you are genuinely concerned that an employer is not behaving as they should, you should contact an experienced solicitor who is familiar with employment law and able to advise you on the best action to take.
Why Choose Aly & Hulme Associates?
Modern life is hectic. We know you’re busy. we know your hours are often awkward and we know you have enough on your plate. That’s why our founding principle is to help you deal with your legal needs quickly, efficiently and effectively.
We specialise in dispute resolution and whilst both partners have appeared in Court on thousands of occasions we will strive hard to avoid litigation wherever possible to provide you with a robust and cost-effective service.
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