Unfair Dismissal Compensation - Do You Qualify?

If you bring a successful claim before an employment tribunal then you will be awarded with compensation. Compensation for unfair dismissal cases is a form of financial redress for the breach of your employment contract. Before starting a claim in the Tribunal, you must make sure that you have a reasonable case to bring.

The first rule of qualification is that you must have been an employee, working full or part time for a particular employer. Secondly, you must have had at least one year's continuous service with that employer (this includes periods of absence for sick leave, maternity leave or holidays). There are a number of exceptions to this rule. For example, if you're dismissed for trade union activities, you're entitled to bring an unfair dismissal claim, even if you haven't had one year of continuous service. Your unfair dismissal solicitor will be able to advise you if exceptions to this rule apply in your particular case.

All claims need to be brought within 3 months of your employment ending. This doesn't have to be the date on which you were told you were being dismissed - it could be the end of your period of notice, if notice was given. Again, your solicitor will be able to advise you on this particular point.

Finally, certain classes of employee are excluded from unfair dismissal protection, such as members of the armed forces or the police service.

Once you've established that you meet the basic criteria, your entitlement to seek unfair dismissal compensation depends upon whether your dismissal is legally deemed to be "unfair". The Employment Tribunal will be looking for two things; the reason for your dismissal, and the way in which it was handled. You could be dismissed for perfectly legitimate reasons, such as persistently inappropriate conduct, but the procedures that were followed might be considered unfair, eg, if you were denied a representative in your hearing. In these circumstances, you can still bring a claim for unfair dismissal.

It's also important to understand the relationship between constructive and unfair dismissal. If you resign from your job because you feel that your employer has made it impossible for you to stay, you have been constructively dismissed. This still counts as dismissal from a legal point of view, even though your employer hasn't formally told you to go. However, it doesn't necessarily mean that you were dismissed unfairly. You can still bring a claim, but you will need to prove that unfairness was involved.

In the end, your entitlement to compensation depends upon a number of legal variables that you will need to prove. As such, it's vitally important that you engage the services of a specialist unfair dismissal solicitor before you bring a claim.


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If you are thinking about making a claim for unfair dismissal compensation then contact Bonallack & Bishop. They offer experienced advice from a specialist unfair dismissal solicitor. Senior Partner Tim Bishop is responsible for all major strategic decisions.