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The Employment Rights Advice Blog

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for employees and employers

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5 tips if you believe you have been dismissed unfairly

aarc dismissed worker3501.  Focus on the procedure which the employer followed when dismissing you.

The onus is on the employer to prove that the dismissal was fair. The majority of unfair dismissal cases are won because the employer failed to follow the correct procedure. These tips will help you identify and keep a note of the steps which your employer followed when dismissing you. Write to your employer requesting a written statement of the reasons why you were dismissed. Your employer is obliged by law to furnish this within 14 days of your request. Did you get enough notice? See Minimum Notice requirements

 


2. Keep a note


Write out a statement of what happened. Start at the beginning and include as many details as possible. It is important to record the details while they are fresh in your mind. Over time memory fades and you could find yourself at a hearing, unable to remember key facts which would have helped your case.
Writing out all that happened helps you to put order on events. This makes it easier to explain what happened. Sometimes in the middle of a consultation with your consultant, you may overlook something. Having it written down helps.

 

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3.    Give us a copy of everything.


This includes, your statement, all letters, contract of employment, handbooks, any work related document. Do don't leave something out because you feel it is insignificant, we may decide that it is vital to your case.

4.  Take steps to minimise your loss.


As in all disputes, the person claiming must take steps to reduce the financial impact on them. In this case, you must be able to show that you have tried to get a new job. Keep track of available jobs and apply for them. Keep copies of all applications, Cvs sent, replies received, anything which shows that you are making an effort at obtaining employment. Keep copies of emails and any correspondence dealing with training courses or job interviews.
If you fail to show that you are trying to get a new job, then you will not receive compensation for this aspect of your loss.

 
5. Don't delay. Take action immediately


You only have six months from the date of dismissal in which to lodge your claim. That may seem like a lot of time, but it isn't. The facts have to be gathered and analyzed. Information must be gathered before you forget it, or before it disappears. A delay in contacting us can have a negative impact on the amount of compensation you will receive.
We are a specialist employment law consultancy. We are here to help you, so contact us using the orange Yes! Tell Me More button below. 

 

 


See article on unfair dismissal here


For more on bullying at work


Learn about gross misconduct in this article


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Photo courtesy Erin Nekervis    under creative commons

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