What To Do If You Are Unfairly Dismissed
If you feel that you have been mistreated by your employer regarding dismissal, there are a number of ways in which you can deal with the situation. You may be able to resolve issues with your employer without legal help, or in some cases, you may wish to seek the advice of employment lawyers to gain compensation from your employer for unfair dismissal.
Check the facts
Before you decide to take your employer to court for unfair dismissal, you must make sure that you have actually been dismissed on unfair grounds. If you are unsure whether the reason given for your dismissal was an unfair one, employment lawyers will be able to offer help and advice. If your employer refuses to give a reason for dismissing you and you believe that there were no issues with your job performance, this is automatically classed as unfair dismissal. Other reasons for dismissal which are considered unfair are:
- If your employer does not follow correct company procedures when dismissing you;
- Dismissal for taking maternity, paternity or adoption leave;
- Dismissal which is discriminatory towards race, religion, age, gender, disability, political opinion or sexuality;
- If you are dismissed after taking time off for mandatory public services such as jury service;
- Dismissal due to a transfer of the business.
If any of the above reasons apply to you and you are unable to resolve the situation with your employer, employment lawyers are properly trained to pursue your employer for unfair dismissal.
Things to remember
Always remember to keep records of any correspondence between you and your employer, including any letters, emails and keep notes of any telephone conversations or meetings that you may be required to attend. Recording the details may be able to assist your employment lawyers build a stronger case against your employer, and could, in many cases, be used as evidence of unfair dismissal. Most employers will not admit to unfair dismissal, therefore, keeping any correspondence from your employer may provide your employment lawyers with proof that unfair dismissal has taken place, and can be used if you decide to go to court.
If you are successful
If you decide to take your employer to court to pursue an unfair dismissal case, you will normally be awarded compensation if you win. A percentage of this compensation will always usually be paid to your employment lawyers. Compensation is usually designed to financially reimburse you and enable you to be in a the financial position that you would have been in had you not experienced unfair dismissal. You will still be expected to look for new work, or if you cannot find a job, claim welfare or other income sources in order to minimise your financial loss. In some cases, winning an unfair dismissal case against your employer will result in you being offered the opportunity to resume your job. However, you are not usually obliged to take your job back, but bear in mind that if you decide not to the amount of compensation you receive could be lower.