Unfair dismissal claims - no win no fee

Unfair dismissal claim FAQs

What is unfair dismissal?

Unfair dismissal is when your employment contracted is terminated by your employer without following a fair procedure or where the reasons for the dismissal are unfair.

For a dismissal to be fair, the employer must demonstrate that the dismissal was for one of the following five reasons:

1. Conduct
2. Performance/capability
3. Redundancy
4. Statutory illegality or breach of statutory restriction
5. Some other substantial reason (SOSR)

A dismissal that falls into one of the reasons above may still be considered unfair where your employer has failed to follow a fair procedure.

If you feel that you have been dismissed without a fair reason or procedure, we may be able to assist you on a no win no fee basis.

Is there a minimum length of employment required to be able to claim unfair dismissal?

Yes. You are required to have been in continuous employment with the employer for a minimum of two years before a valid claim for unfair dismissal can be made.

Without two years length of service with your employer, it is unlikely that you will be able to raise a successful claim for unfair dismissal, but you may still be able to raise a claim under a different claim i.e., where discrimination has occurred or where you have been automatically unfairly dismissed.

What steps should I take if I feel that my dismissal is unfair?

Upon dismissal you should be provided with an opportunity to appeal the dismissal. You should send a detailed appeal letter to the employer explaining why you feel the dismissal was unfair. The employer should arrange for your appeal to be investigated and an appeal hearing should take place.

If the matter is not resolved following the appeal process, the next step is to enter into Early Conciliation with ACAS. ACAS are conciliators who will relay messages between the employee and employer to see if a resolution can be found.

If the matter is not resolved via ACAS you will be issued with a certificate enabling you to raise a claim with the Employment Tribunal.

Is there a time limit to bring a claim for unfair dismissal?

Yes. There is a strict time limit to enter into Early Conciliation with ACAS of three months less one day from the date of the dismissal. Once ACAS have issued the certificate there is in most circumstances a time limit of one month from the date the certificate was issued to submit your claim to the employment tribunal. It is your responsibility to ensure these deadlines are met, if not, it can put your case in jeopardy.

How do I pursue an unfair dismissal claim through the employment tribunal?

Once you are in receipt of the early conciliation certificate you must complete an online form, called an ET1, which you will submit to the employment tribunal with a detailed timeline of your case and explaining why you feel the dismissal was unfair. The employment tribunal will write to the employer to seek their response to your allegations and a date will be set for an employment tribunal hearing. During the employment tribunal process the employee will be titled the claimant and the employer the respondent.

What outcome can I expect to achieve?

Successful unfair dismissal claims can result in a settlement figure being agreed between the parties using the ACAS Early Conciliation process, usually by way of settlement agreement or a COT3, of which both parties agree terms and sign an agreement. Or the Tribunal may award an amount if they find in favour of the claimant. In some instances, the claimant can be re-instated or re-engaged into their position with the employer.

Do I need a solicitor for an unfair dismissal claim ?

Whilst claimant's can make claims without solicitors in the employment tribunal, prompt legal advice is crucial in cases of unfair dismissal and early advice can strengthen your claim and help you to make important decisions about your claim. Limitation periods in the employment tribunal are short, and it is therefore advisable to make attempts to procure a solicitor as soon as possible after your dismissal. Equally, in the case of a business, early advice can assist you in preparing a robust defence. Our team is ready to assist clients in filing or defending an unfair dismissal or constructive dismissal claim at an employment tribunal, ensuring your rights are protected and advocating for fair treatment.

How do you win an unfair dismissal?

To prevail in an unfair dismissal claim, you must have evidence indicating your employer lacked a justifiable reason for your termination, or failed to apply a full and robust procedure. Commencing early conciliation or notifying ACAS of your intent to file a tribunal claim within three months of dismissal is imperative, if this step is  not taken it is likely that your claim will be rejected.

What happens if you win an unfair dismissal?

Upon winning an unfair dismissal case, you'll receive compensation determined by the tribunal. This comprises of a fixed sum calculated through a set formula, known as the 'basic award,' and compensation for financial losses incurred due to job loss, termed the 'compensatory award.' Remedy will vary in every case and will be considered by the tribunal based on the facts and circumstances of the case.

What is the test for unfair dismissal?

Employers must justify dismissals with responses falling within a reasonable range given the circumstances, and apply a full and fair procedure in accordance with the ACAS Code of Conduct. This subjective test assesses the employer's decision making process during dismissal, ensuring decisions are fair and warranted. It aims to uphold fairness and accountability in employment termination processes.

Can I be sacked without warning?

Employers can only engage in summary dismissal, terminating employment without notice, in cases of gross misconduct. Such instances involve serious breaches warranting immediate dismissal, such as acts of violence, fraud, deliberate or negligent wrongdoing and more. This approach ensures swift action in addressing severe misconduct while upholding fairness and due process in employment termination.

What is the ACAS two year rule?

In order to be eligible to advance a claim of unfair or constructive dismissal, an employee must have two consecutive years of service at the time of the dismissal. Employees dismissed before completing two years of service should ascertain any available rights and if the dismissal may be considered automatically unfair for example if the dismissal was due to an act of whistleblowing. This underscores the importance of understanding legal protections and seeking appropriate counsel in such situations.

Detrimental treatment due to whistleblowing

Whistleblowing is protected by the Public Interest Disclosure Act 1998 (PIDA). This legislation provides legal protection to employees who make protected disclosures about wrongdoing in an organisation. Under PIDA, employees who blow the whistle in the public interest are protected from unfair treatment, by way of dismissal, or any other detrimental action because of their disclosure.

However, several challenges and potential issues can arise in an employment context when it comes to whistleblowing. Despite this leglisation, some employers may react adversely against whistleblowers. The employee may find themselves subject to harassment, demotion, dismissal, or other forms of mistreatment. This may create an unbearable work environment and make it difficult for the whistleblower to continue working within the organisation. The whistleblower may have their career prospects limited and progression paths may become closed. It can be particularly difficult if the whistleblowing relates to senior people within a company or organisation.

If you think you have been dismissed or forced to leave your job because of any of these situations, contact our vaslty experienced team. We will then assess the case and advise if it can be funded on a no win no fee basis.

You may currently be in employment but feel you have reached an impasse with your employer, and you may need a settlement agreement. This could be due to: termination or redundancy, disputes, grievances, discrimination or harassment claims, mutual agreement and confidentiality. We can help with a settlement agreement to bring the employment to an end and help you receive a settlement figure.

Recently settled unfair dismissal claims

• We recently assisted a client with raising a claim for unfair dismissal, after his employer had dismissed him without following any procedure or conducting a disciplinary investigation into the allegations made against him. We subsequently prepared our client for his Final Hearing at the employment tribunal and he was successful in obtaining compensation in excess of £20,000 for the loss that he had suffered as a result of his dismissal. As part of his award, our client was awarded a 25% uplift to his compensation, as the judge decided that his employer had failed to follow ACAS Code of Practice when dismissing him. Our assistance with this client’s case was funded by his legal expenses insurance, which he had access to via his home insurance policy.

• We acted on behalf of a client in bringing a claim for unfair dismissal, as his employer had made him redundant and had failed to apply a fair scoring criteria in advance of their decision. Our client’s employer had also failed to consider any suitable alternatives to making him redundant. We were successful on our client’s behalf at the employment tribunal final hearing, and he was awarded over £30,000 in compensation for his losses. We assisted this client on a no win no fee basis which meant that he was not required to pay any fees in advance of our assistance.

What should I do next?

If you feel that you have a claim for unfair dismissal against your employer speak to our specialists who will be happy to discuss your case with you. We appreciate that this is often a difficult time and we offer a range of funding options to assist you. In some circumstances we may be able to offer a ‘no win no fee arrangement’.

Please complete the enquiry form or call us on 01616 966 229 and we will be happy to discuss your options and guide you through the process of making an unfair dismissal claim.