OUR SERVICES

THE WORK ETHIC
PO Box 28287
Edinburgh
EH9 2WU
Telephone: 0131 662 6988
Fax:0131 667 8175

23 Cramond Glebe Rd
Cramond Village
EDINBURGH
EH4 6NT
Telephone: 0131 336 1619

Free EnquiryAre You The Victim Of An Unfair Dismissal? Can You Claim Compensation?

If you think you might be the victim of an unfair dismissal how do you find out and how can you claim unfair dismissal compensation?

Reasons for Unfair Dismissal

There are a number of ways that your dismissal could be unfair. The main reasons include:-

  • There is no fair reason for dismissing you (i.e. you were performing the job well);
  • Your employer failed to follow the correct dismissal procedure (every employer must issue a dismissal procedure or follow the ACAS Code of Practice);
  • Your dismissal is classed as automatically unfair (for instance, taking time off that you are entitled to for maternity leave)

Automatic Unfair Dismissal

There are several reasons that if provided for the reason of your dismissal amount to an automatically unfair dismissal entitling you to compensation. These include:-

  • Dismissal for exercising statutory employment rights;
  • Dismissal before, during or after business transfers;
  • Dismissal for pregnancy or maternity reasons

Some of these are worth looking into in more detail.

Dismissal For Exercising Statutory Employment Rights

You are provided with various statutory employment rights. These do not have to be separately written into your contract, you are entitled to them simply by way of being employed. They cover a wide variety of aspects of your employment and include:-

  • A written statement of your employment terms
  • An itemised pay slip
  • Maternity and paternity leave
  • Time off for anti-natal care
  • Time off for parental leave
  • Minimum notice period
  • Not to be discriminated against on the grounds of gender, race, disability, sexual orientation, age, religion or belief
  • Time off for public duties such as jury service
  • Whistle blowing (i.e. letting someone know when your employer is breaking the law)

Remedies For Unfair Dismissal

The first stage is to make a complaint to your employer about the dismissal. If you are unable to resolve the issue, it might be referred to ACAS (the Advisory Conciliation and Arbitration Service) who may be able to assist with the problem. If you subsequently issue unfair dismissal proceedings, then ACAS will become involved (it is part of the process).

If you make a complaint a meeting will normally be arranged to discuss the complaint. You are entitled to take someone with you to this meeting and you should take notes of the meeting also.

Unfair Dismissal Claim To The Employment Tribunal For Compensation

If you are unable to resolve your complaint with your employer you can make a claim to the Employment Tribunal. This must be made within three months of your dismissal.

Outcomes Of An Unfair Dismissal Compensation Claim

One the Employment Tribunal has heard your case, they can either decide to award compensation to you, or order that you should be given your job back (this might be hard to achieve in practice).

Conclusion

If you believe you are the victim of an unfair dismissal you should seek specialist advice before deciding whether to make a claim to the Employment Tribunal for compensation. Once you are aware of all your options you can then make an informed decision as to the action you would like to take.

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Need An Expert Employment Law Solicitor in Scotland?

Please call us on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.

 

Testimonials

"Faced with a complex industrial dispute involving three parties, Callander Golf Club called on the expertise of The Work Ethic to help resolve the situation. Sound legal advice backed by high-level negotiating skills led to an out-of-court settlement to the satisfaction of the Firmís clients."

J Morrison, Callander Golf Club

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