Losing your job is upsetting no matter how you look at it, however, if you feel you have been unfairly dismissed this can add even more upset and stress to your situation.
An employer can dismiss an employee for a whole host of reasons, however, the good news is that the law is fairly clear when it comes to employment matters and there must have been a good reason for doing so. An employer also needs to ensure they have followed the company’s formal dismissal or disciplinary processes at all times.
If you have concerns about how you have been treated you should seek legal advice as soon as possible after you have been dismissed.
The list below should help to guide you and illustrates some of the key considerations you need to be aware of:
1. Time Limits
As well as making it much harder to remember key facts, leaving things too long could void your claim. Employment law has much shorter limitation dates than other areas of law and any action must be issued within 3 months of your dismissal.
Whilst your first reaction may be to ignore your employer’s communications after you have left, it is important that you can demonstrate you have abided by and participated in the company’s employment processes.
Failure to do so, such as ignoring an invitation to an appeal meeting, could harm your chances of success if you subsequently decide to issue proceedings. You should also keep copies of all letters received from and sent to your employer, as these may be important when preparing your claim.
Whilst Legal Aid is not available for employment claims, it is worth noting that many home insurance policies include an option to include legal expenses. If your insurance policy includes this level of cover you may find that your legal expenses will be covered.
4. Alternative Resolution
It also worthwhile looking for opportunities to find an alternative resolution to your grievances, such as a “Compromise Agreement”. This can save a lot of time and anxiety and hopefully provide both parties with a quicker and more satisfactory resolution.
5. Don’t Panic!
Being dismissed from your job is very stressful no matter your circumstances. If you feel you have been unfairly dismissed, you need to take stock quickly, gather your notes together and seek legal advice sooner rather than later. This should help to provide you with some clarity and outline the options available to you.
If you have recently been dismissed from your job and believe you have been treated unfairly, or alternatively, if you are an employer and would like advice on putting the right employment policies and procedures in place, please contact Hunt Solicitors today on 028 9042 8600.
You will be pleased to know that Hunt Solicitors offer a free initial consultation to help you decide if you would like to take your case forward.
Article attributed to Laura McManus, Solicitor, Hunt Solicitors.
77 High Street, Holywood, BT18 9AQ.
Telephone: 028 9042 8600
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This article does not constitute legal advice or otherwise. © Hunt Solicitors 2014. All rights reserved.