Unfair dismissal

If you've been fired for bad time-keeping or being drunk on the job then this article probably isn't for you. But if you feel your employer has ended your employment unfairly, read on.

"If you feel you've been unfairly dismissed by your employer, you should try appealing under your employer's own disciplinary procedures."

How do I know if I've been unfairly dismissed?

If your employment is terminated, you're entitled to know why. If your employer won't give you a reason or the reason is untrue, then you may have been unfairly dismissed. And if your employer hasn't followed its own procedure for dismissals, that could count as unfair dismissal, as well.

Is that the only definition of unfair dismissal?

There is a separate category of reasons for dismissal which are classed as 'automatically unfair'. Being dismissed for taking maternity leave, joining a union, or because of your age, sex or race are examples of this.

What should I do if I feel I've been unfairly dismissed?

If you feel you've been unfairly dismissed by your employer, you should try appealing under your employer's own disciplinary procedures. You and your employer could try conciliation through the Advisory, Conciliation and Arbitration Service (Acas), where a specialist helps you both sort out the problem. Another option is for your case to be heard by an independent arbitrator from the alternative dispute resolution (DCA), who'll help you reach a legally binding decision. However, you and your employer will have to agree to share the cost of this.

What happens if this doesn't work?

You may be able to make an appeal to an Employment Tribunal or an Industrial Tribunal if you're in Northern Ireland.

Are there any circumstances when I can't make a claim?

You can't make a complaint of unfair dismissal if you're a worker (rather than an employee), a member of the armed forces, a self-employed person or an agency temp working under a contract for services. You can still claim if the dismissal falls into the 'automatically unfair' category.

How much will it cost me to go to an Employment Tribunal?

There is no charge for making a claim at an Employment Tribunal. So unless you are paying a representative, like a solicitor, there are no costs involved. However, if your claim is particularly complicated getting legal representation may be necessary.

The tribunal will be made up of a judge and two non-legal professionals with knowledge of the industry. If the Employment Judge thinks your claim isn't likely to succeed, they may order you to pay a deposit of up to £500 to continue your claim. If you lose your case, this deposit may be used to help repay the costs or expenses of your employer in defending the case. However, Employment Tribunals don't usually order either side to pay costs unless they decide you or your employer acted unreasonably in bringing the case. You should also bear in mind that if you live in England or Wales, you will have to cover all your own costs as there is no legal aid funding available. (There's a small amount to be had in Scotland.) In Northern Ireland, you can claim legal aid to help prepare for the tribunal, but not for a legal representative to appear at it.

How long will it take for an Employment Tribunal to decide on my case?

You must apply to an Employment Tribunal within three months of the matter you are complaining about taking place. Any later and the Employment Tribunal will usually not accept it. Don't expect immediate redress once you've made your application. The Tribunals' Service charter states that they aim to bring 75% of single cases to a hearing within 26 weeks of receiving them. That's around four months after the application, if you are lucky. You should claim Jobseeker's Allowance until your hearing.

By Ruth Hedges

Did you know?

In 2006 Alan Wainwright, a former director of construction company Haden Young, went public with information about a private detective agency which was illegally vetting construction workers for active union membership (LINK). Ironically, Wainwright lost his own unfair dismissal case because he couldn't prove the blacklist existed. However, a year later, other people came forward to support his accusation. His information helped three workers win a case for unfair dismissal when a tribunal concluded the blacklist did exist.

Jargon Buster

Conciliation:: Resolving an argument.
Arbitrator:: Someone who resolves disputes (like a referee).

Read up on unfair dismissal to find out whether you have a case.
Determine whether it's worth fighting your case. Start with Acas.
Ask to see your employer's disciplinary procedures and how they justified your dismissal against these.
If you decide to take your case further, fill in an application – called an ET1 Form – for an Employment Tribunal.
Take advice from Acas or your legal representative before making any pre-tribunal settlement; even verbal agreements are legally binding.
Find out more about alternative dispute resolution by looking at the Nationwide Academy for Dispute Resolution.
Start claiming Jobseeker's Allowance as you are going through the legal processes.

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