If an employee is dismissed, it is possible to pursue a claim in an Employment Tribunal alleging that you have been unfairly dismissed.

Other than in a small number of cases, to bring a complaint of unfair dismissal you must be classed as an employee, working under a contract of employment. If you are uncertain about your employment status, take advice from your trade union representative or a solicitor.

In most cases the service requirement is one year, but in some cases there is no service requirement, for example if you are dismissed because of being a shop steward.

There are five potentially fair reasons for dismissal, for example, misconduct, redundancy, capability. An Employment Tribunal decides if the employer has acted reasonably. The Tribunal is a fairly formal procedure like any court, and involves consideration of the facts, witness evidence, documents and the law. After hearing all of the evidence a Tribunal will decide if the dismissal was fair or unfair.

An Employment Tribunal has three remedies available for unfair dismissal, namely compensation, reinstatement, or re-engagement. The most common remedy is compensation, assessed on a case by case basis by reference to your service with the business, and your loss. The current maximum payment for the compensatory element of a claim is £58,400.00.

All employers are now compelled as a matter of law to follow the minimum standards of the statutory disciplinary and dismissal procedure. A failure by an employer to follow the correct procedure can render a dismissal unfair on that ground alone.

Both sides should follow the procedure and you should exhaust all internal procedures. A failure to do so can lead to a reduction in your compensation if your claim is successful.

The usual time limit is 3 months and that is applied strictly by Tribunals. If in doubt, take early advice from your union representative or a solicitor.

There are prescribed forms published by the Employment Tribunal which need to be used when commencing an application. These can be obtained from the Tribunal, or from other government bodies or from a solicitor.

Employers have a legal duty to consider alternatives to dismissal and if an offer is made you can consider the job by working a trial period. If you unreasonably reject an offer of suitable alternative employment, you can lose your entitlement to a redundancy payment.

It is unlawful sexual discrimination to victimise or dismiss a woman because of pregnancy. Discrimination claims can involve technical legal issues, and can lead to substantial awards of compensation. If you believe that you are the victim of any form of discrimination you should take advice from your union representative or a solicitor without delay..

The Employment Tribunal has a wide range of jurisdictions including for claims involving:-

• Unlawful deductions from pay/breach of contract.
• Discrimination on the grounds of sex, race, disability and other forms of discrimination.
• Redundancy payment.
• Whistleblowing.
• Transfer related claims (TUPE).
• Failures to consult trade unions or individuals in redundancy and transfer situations.
• Specific pregnancy related cases.
• Holiday pay claims.
• Trade union victimisation cases.
• Equal pay claims, and other claims.

For many claims, a Tribunal application cannot even be lodged unless a form of grievance has been pursued against the employer over the disputed issue. Therefore, if you wish to pursue a claim you must instigate a formal grievance under the statutory grievance procedure. If you are in doubt as to the appropriate procedure you should consult your trade union representative or a solicitor.

The usual time limit is three months, although this can be extended if you have lodged a valid grievance. You should pursue any internal grievance procedure through to a conclusion. There are strict rules in this area and you should consult your trade union or a solicitor.

If you are in a trade union you should consult the union and access the advice of a solicitor through the system agreed between your union and EAD Solicitors LLP. The EAD Solicitors LLP Employment Law Unit receives instructions from the union and cannot accept instructions directly from members.

If you are in a trade union and they instruct us, you will not receive any bill from EAD Solicitors LLP for any work done on your behalf. If you are not in a union, we would provide an initial review of your case without charge or obligation. We will then advise you of our decision as to whether we will take your case on. There are different funding arrangements in place according to the personal factors in a case, and EAD Solicitors LLP does operate no win – no fee agreements in appropriate cases. The actual level of charge and the costs estimate will be provided on a case by case basis, and judged by reference to many factors. These may include the amount of work to be done and the status of the fee earner dealing with the case.

At EAD Solicitors LLP We offer free no obligation advice you can either call us or complete the short claim enquiry form and we will be happy to contact you at your convenience to discuss your claim further.