Since 1996, the Employment Rights Act has provided protection for workers facing dismissal or redundancy from their jobs. Despite these regulations, some employers continue to flout the law and treat employees unfairly in the course of dismissal or redundancy.

Thompsons Solicitors is highly experienced in supporting trade union members who have been subject to unfair dismissal. Employment rights expert Julie Brodie answers some of the most commonly asked questions about unfair dismissal compensation claims.

 

FREQUENTLY ASKED QUESTIONS ABOUT UNFAIR DISMISSAL

1. What is an unfair dismissal compensation claim?

Unfair dismissal claims can arise when an employee believes they have been dismissed unfairly or wrongfully. Claims can also come about if an employer fails to make a redundancy payment in time or, in some circumstances, fails to consult a trade union.

2. What might constitute unfair dismissal?

There is a certain criteria of 'automatically unfair' reasons for dismissal that can be proven by an employee. These include, but aren't limited to; trade union membership, health and safety, taking part in lawful industrial action and rights relating to paternity or maternity leave.

Visit the summary of the law on unfair dismissal and redundancy booklet for more information.

3. Is there fair dismissal?

Yes. By law, employers can fairly dismiss workers if they have:

  • Committed misconduct
  • Lack the ability to do the job
  • If they are made redundant (although there are exceptions)
  • For statutory reasons.

Other substantial reasons may constitute fair dismissal. Our employment rights specialists regularly advise trade union members on whether their dismissal is fair or not.

4. I've been fired after taking part in strike action. Was this unfair?

It depends. One of the following conditions must be fulfilled to make an unfair dismissal claim after taking part in a strike or lock-out:

  • You were fired 12 weeks or less after industrial action began
  • You were fired more than 12 weeks after the strike or lock-out started, but during that time you had ceased taking part in the industrial action
  • You were fired more than 12 weeks after it began, while remaining part of the industrial action, but the employer failed to take adequate steps to resolve the issue.

 

5. Is there a time limit to make an unfair dismissal compensation claim?

Yes. You must make a claim within three months less one day of the termination of your contract.

6. Does my notice period affect the time limit?

Yes. If you were given a notice period, you can make the claim within three months less one day of when your notice comes to an end. If you're dismissed with notice, the time limit is three months less one day from that date.

7. My employer hasn't paid me the redundancy I was offered. Can I make a claim?

Yes. If an employer fails to pay its contractual redundancy, you have three months less one day to make a claim. If it's statutory redundancy, you have six months less one day.

8. I have been made redundant with other colleagues. What do we do?

Thompsons Solicitors has secured millions of pounds for trade union members who have made group action claims against their employer following collective redundancies.

In an instance where an employer proposes to make 20 or more workers redundant in 90 days or less, and fails to consult with a trade union or elected representative, a claim for a protective award can be made. Consultation must aim to avoid the redundancies, limit the amount of staff dismissed, or seek to mitigate the issues. If it doesn't, a protective award can redress with compensation of up to 90 days' pay for each employee affected.

Thompsons supported more than 100 people from the West Midlands with a protective award after they were dismissed by a Darlaston employer, which had gone into administration. They secured 75 days' pay each - totalling £300,000 in compensation.

9. How do I make an unfair dismissal claim for compensation?

The process is simple. Through your trade union membership, our legal team can help you make a compensation claim free of charge, guiding you through the legal process.