The most damaging and distressing thing that can happen to the financial security and reputation of an employee is unfair dismissal.
Employment law is a complex labyrinth that includes the unfair dismissal claim. An employee that feels being dismissed unfairly needs to understand the complexity of employment law for him/her to know whether the claim is legitimate or eligible.
Getting a lawyer is important when faced with unfair dismissal. Filing an unfair dismissal claim can become lost or dismissed when relevant employment and industrial laws are not complied with.
What constitutes an unfair dismissal?
An employee is considered unfairly dismissed when he/she has met all the eligibility requirements such as:
- Being a full-time employee and not an independent contractor or worker
- Continuous employment for 2 years or more
- Dismissed for undefined reasons
The following criteria have to be met for you to be considered an employee:
- You have signed a written employment contract
- You were issued an employee handbook after signing the employment contract
- You don’t pay personal tax returns
- You have an employment-based pension plan
- You have been employed for 2 years or more
A dismissal is considered unfair when the dismissal is based on:
- Sexual orientation
- Belief or religion
- Marital status
- Maternity and pregnancy
- Gender reassignment
- Being a member of a union
An unfair dismissal claim can be filed if you were fired or sacked from your job because:
- You were pressured to resign or you’ll be dismissed if you don’t
- If a constructive dismissal is proven successfully
The rewards provided by a successful unfair dismissal claim
The successful outcome of an unfair dismissal claim brings the following rewards:
There are two types of compensation awarded for a successful unfair dismissal claim:
The compensatory award is decided by the Employment Tribunal. The figure decided by this body is considered to be just and fair. The loss of income suffered from the unfair dismissal will be considered. Being awarded a year’s pay is capped as a compensatory award.
The Basic Award
The length of employment and salary are the factors linked to the basic award. The basic award is computed by using a week’s pay applied to every year of continuous employment up to the maximum of 20 years. The reason/s for the unfair dismissal is taken into consideration by the basic award.
Both the compensatory award and basic award are separately considered with their appropriate awards. The Employment Tribunal has the power to reduce the compensatory award if the body does not see it as fair and just.
The compensatory award can also be further reduced when you have received payments such as a redundancy payment during the time of your dismissal.
Do you need to hire a lawyer to handle your unfair dismissal claim?
Hiring the services of a reputable employment lawyer is highly recommended as soon as you’re fired from work due to any form of discrimination. Getting legal advice at the onset enables you to understand whether you have a case or not.
Getting fired is one of the most traumatic experiences for anyone. It is further aggravated when the dismissal from work is unfair and unjust. Be sure to have a good lawyer to back you up when you file an unfair dismissal claim.