Although many workers are dismissed for correct reasons, each year thousands attempt to take legal action following their dismissal with the case often leading to an employment tribunal.
However taking such action against your former employer can be exceptionally complicated and daunting, especially if you are unsure of the process. Therefore, we take a look at some of the steps you can take when taking any employment action or prior to an employment tribunal.
Is Your Dismissal Fair?
One of the most common reasons for unfair dismissal cases failing is that the dismissal was fair. A dismissal is normally fair if an employer can show that the dismissal occurred due to an employee's conduct, a reason related to an employee's capability or qualifications for the job, because of redundancy, a breach of their employment contract or any other reason that justifies the dismissal, such as gross misconduct.
Ensuring that your dismissal was indeed unfair is one of the key steps you can take before launching an employment action. Furthermore, there is also a list of dismissals instantly deemed unfair. Thus, you can check if your dismissal was unfair. You will almost certainly be able to take legal action if you were dismissed for pregnancy, family reasons or taking paternity leave, taking part in a trade union approved action or joining a trade union, or if you were dismissed for questioning annual leave and the National Minimum Wage.
Preparing for an Employment Tribunal
Due to the complex nature of an employment tribunal it is vital to obtain the services of a solicitor. A skilled solicitor can provide you with the best advice and representation to ensure that you have the best possible chance of obtaining compensation during your case.
To build the strongest possible case, it is important to obtain as much evidence as possible and demonstrate that your dismissal was unfair. Bear in mind that your dismissal could have occurred months or even years after your dismissal thus it is important to have as much information as possible to build the strongest possible claim. Write down and store all evidence you have and try and obtain emails and other documents that support your claim. Any phone call records or emails that you believe highlight why you were dismissed should be shown in your tribunal. As well as this attempt to collect witness reports to have other accounts that also verify your version of events.
Contact Us
Many people believe that if they have been dismissed they do not need to obtain a solicitor. However, an employment tribunal may not always go to the final stage. Many unfair dismissals end in a settlement agreement with both parties agreeing on a fee for compensation. This highlights how important it is to have a solicitor throughout proceedings to negotiate and advise.
If you believe you have been unfairly dismissed and require the legal advice or assistance of our solicitor, contact us today using our online contact form.