Unfair Dismissal / Resignation

If you have just been dismissed, or are worried you are about to be dismissed, then it could be because your employer is asserting redundancy, performance, misconduct or ill-health.

Whatever the situation you are facing as an employee, your employer ought to follow a fair process and act reasonably. If they don’t, you might have a claim for unfair dismissal. If you feel this is the case, or that the reasons given are disingenuous or exaggerated, we can help.

Usually, you both also have an obligation to follow the ACAS Code.

If your employer has not followed the ACAS Code and you pursue and win your case for unfair dismissal, the compensation you are entitled to can be increased by 25%. If you don’t follow the Code (such as not appealing, even sometimes if you think it is likely to be unsuccessful) then your compensation can be reduced by 25%.

Resignation (Constructive Unfair Dismissal)

Sometimes employees resign because of poor treatment or contractual changes, this is known as constructive dismissal.   A resignation does not need to be in response to a big event, sometimes it can be what is known as the ‘last straw’.

Can I Bring A Claim And What I Am I Entitled To?

If you have the required length of service (usually two years but it can be less if no notice is given or, for example, there is discrimination or whistleblowing involved), then normally you would receive compensation. This is broken down as follows:

  • a basic award calculated using your age, salary and length of service
  • compensation for loss of your statutory rights
  • compensation for your loss of ongoing and future earnings
  • other compensation for injury to feelings or aggravated damages, such as where there is discrimination or whistleblowing involved
  • a refund of the fees you paid to the Tribunal

When calculating your loss of earnings, the Tribunal will take into account your benefits such as car allowances, medical insurance and pension losses. There can be upper limits and you are required to try and mitigate your losses by finding suitable work.

What Next? How Can We Help You?

Timing is everything.  If you have been dismissed and you decide to bring a claim there is a short deadline of three months less one day, sometimes from the last ‘act’, sometimes from the date of termination, even where that appeal is still ongoing. Any resignation also has to be timely.  We can talk to you about your potential claims and next steps. Please get in touch and your employment solicitor will give you the support you need. Our clients are from Guildford, Godalming & other parts of Surrey.

If you need advice, as an employer, on dismissals please see here.

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