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Frequently Asked Questions

What is the time limit for making an unfair dismissal claim?

Generally, you have three months less one day from the date of dismissal to make an unfair dismissal claim. This is a strict deadline, and it’s crucial to act promptly. In some cases, the time limit may be extended, but this is rare and should not be relied upon.

How much compensation can I expect for unfair dismissal?

Compensation for unfair dismissal typically consists of a basic award and a compensatory award. The basic award is calculated based on age, length of service, and weekly pay. The compensatory award considers financial losses, with a maximum cap. Total compensation varies depending on individual circumstances.

Can I claim unfair dismissal if I've been employed for less than two years?

Generally, you need two years of continuous employment to claim unfair dismissal. However, there are exceptions for ‘automatically unfair’ reasons, such as discrimination, whistleblowing, or asserting a statutory right. In these cases, the two-year rule doesn’t apply.

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What evidence do I need for an unfair dismissal claim?

Gather all relevant documents, including your employment contract, correspondence with your employer, disciplinary or grievance records, and witness statements. Keep a detailed timeline of events leading to your dismissal. This evidence will be crucial in supporting your claim.

Can my employer settle the claim before it goes to tribunal?

Yes, many unfair dismissal claims are settled before reaching the tribunal. Your employer may offer a settlement agreement, which typically includes financial compensation in exchange for you agreeing not to pursue legal action. It’s advisable to seek legal advice before accepting any settlement offer.

How long does an unfair dismissal case typically take?

The duration of an unfair dismissal case can vary significantly. Simple cases might be resolved in a few months, while complex cases can take over a year. Factors influencing the timeline include case complexity, tribunal workload, and whether a settlement is reached before the hearing.

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