The right to make a claim for unfair dismissal is not automatic – usually you will have to have been in continuous employment for two years with the employer you are bringing the claim against.
However, if you are part of a protected category for example if you are dismissed on the ground of race, religion, gender or sexual orientation, the two year time limit will not apply. The right not to be unfairly dismissed for these reasons applies automatically on taking up employment.
Unfair dismissal claims are not heard in the civil courts but are instead heard by specialist Employment Tribunals.These are bodies have been created to deal with almost all employment disputes and have specialist knowledge of employment law. They are usually made up of a panel of three; two lay members and a legally qualified chairperson. The chair person will normally be a solicitor or advocate and they will be well experience and have great knowledge of employment law. The lay members are normally members of a trade or profession and give valuable insight and experience to the resolution of the dispute.
Claims for unfair dismissal can be complicated and thus it is important you fully understand what is involved in bringing a case and which is the best option to do so. You could;
- Bring your claim by yourself
- Bring your claim with the assistance of a Trade Union representative
- Contact a specialist unfair dismissal solicitor who will handle your claim on your behalf
If you decide to bring a claim yourself, the Tribunal will direct you on what is required to succeed in your claim. However, the Tribunal environment can seem alien if you are unfamiliar with it and you may encounter difficulty in presenting your case convincingly – this will put you at a disadvantage.
Alternatively, you could ask for assistance from your trade union. Trade Unions are established to protect their members from certain unfair practices of employers. A Trade Union representative should be able to help you with your unfair dismissal claim. However once again, the trade union representative may be unfamiliar with the law and what is required to prove your case.
On the other hand, specialist employment solicitors are experts in bringing unfair dismissal claims. They will have great experience of the Employmenent Tribunal process and will be able to present your case in a convincing and comprehensive way. A solicitor will guide you through process and make clear what information and evidence is required to bring your claim – this will give you the best chance at a successful outcome.
Employment law is an area of constant change. You should seek advice from an expert employment lawyer in dismissal and unfair dismissal situations. Call us today on 01224 968 316 or if you prefer you can contact us online here.
Employment Law Aberdeen © 2020 | Privacy Policy
