If you have been dismissed without good reason, or if your employer has not followed the correct procedures when dismissing you from your job, you might have a claim for unfair dismissal.
Anderton Law’s specialist unfair dismissal solicitors a proven track record in helping clients reach settlements quickly and professionally.
Speak with a member of our team today to find out how we can help. Contact us on 0151 541 7766 or complete our online enquiry form.
When Will a Dismissal Be Considered Unfair?
There are five potentially fair reasons that an employer can use to justify a dismissal:
- Where it would break the law if the individual continued in their employment
- Some other substantial reason (SOSR)
If you decide to challenge your dismissal, it will be up to your former employer to demonstrate that your sacking was based on one of these legitimate reasons.
Who Can Bring a Claim for Unfair Dismissal?
It is usually the case that an individual must have worked for the employer for a period of at least two years, however there is a long list of exceptions to this rule such as if the matter involves breaches of health and safety or if one of your statutory rights has been infringed.
What Will an Employment Tribunal Look at When Determining Whether a Dismissal Was Unfair?
All of the circumstances surrounding the dismissal will be looked at when seeking to determine whether or not the dismissal was fair. This will typically include looking at the size and resources of the employer, the investigation process that was used and what procedures were followed. The tribunal will also consider whether the dismissal was a reasonable and proportionate response to the alleged conduct.
If My Claim Is Successful, What Will the Tribunal Do?
If the tribunal finds that your dismissal was unfair, one of the three following orders can be made:
Compensation for Unfair Dismissal
Compensation is calculated in accordance with the basic and compensatory award:
- 1.5 weeks’ pay for each year of employment after the age of 41
- 1 weeks’ pay for each year of employment between the ages of 22 and 40
- 0.5 weeks’ pay for each year of employment under the age of 22
From 6 April 2019 the maximum limit for a week’s pay is £525 and the maximum Basic Award is currently £15,750.
The Basic Award is calculated in the same way that a statutory redundancy payment is calculated.
The Basic Award can be adjusted by any payment the employer may have already made for redundancy pay.
It is also possible for the Tribunal to reduce the basic award of they have found that the employee contributed towards their own dismissal or it would be just and equitable to do so.
The main purpose of the Compensatory Award is to put the employee back in the position had they not been dismissed.
This normally means that an employee can claim compensation up to the point in which they find a new job and are on a similar salary.
However there is a 12-month limit to the amount of compensation that can be claimed. However there are exceptions to this, such as if the dismissal is related to Health & Safety or whistle-blowing or has a discriminatory element to it.
There is a duty on the employee to mitigate their losses by looking for work soon after they are dismissed. If an employee has won an unfair dismissal claim but has not looked for work (unless there is a good reason such as illness) then a Compensatory Award will be impacted.
From 6 April 2019 the statutory cap on a Compensatory Award for unfair dismissal is £86,444 or 52 weeks’ gross salary, whichever is the lower figure.
It is also possible to include within the Compensatory Award other benefits such as commission or loss of benefits such as private health insurance or private company car. In some cases it is even possible to claim to recover expenses for travelling to job interviews.
Contact Our Unfair Dismissal Lawyers
We will take the time to discuss your claim in detail, explaining your options clearly and answering any questions you may have without resorting to legal jargon. Wherever possible, we may be able to provide services on a no win no fee basis – if your claim is unsuccessful, you will not be charged a penny.
Speak to a member of our team today by calling 0151 541 7766 or complete our online enquiry form.