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Unfair Dismissal

Unfair Dismissal Advice: Employees have three months to claim unfair dismissal, and this deadline has been interpreted very strictly. However, some cases are heard that have been lodged 'out of time' if it can be proved that it is reasonably practicable to do so.

Section 111(2)(b) of the Employment Rights Act 1996 says a complaint can be heard if it was submitted 'within such further period as the Tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months'.

What to do if you're unfairly dismissed:

First you are supposed to try appealing under your employer's dismissal or disciplinary procedures, or, in the case of discrimination or potential constructive dismissal, making a complaint under their grievance procedure.

You and your employer could try conciliation through ACAS, where a specialist helps you sort out the problem. This should be tried before making your claim although if you are concerned about time, the Tribunal will set up talks for you after your claim has been accepted.

If you cannot settle your differences through talks, and claim for Unfair Dismissal, the Tribunal will normally accept your claim, as long as you have good reason for a claim. The Tribunal will then set about talks between the Claimant, the Respondent (Employer) and ACAS (Independent Union) to see if a settlement can be found without the need for a Tribunal type court case.

If your claim was made inside the three months, you or your employer can apply for a Pre-Hearing so each side can apply for documents or witnesses that will be needed for the Tribunal Case.

You can make a claim for unfair dismissal yourself and represent yourself at the hearing, some people do. If you are in a union, they should advise you and supply a Solicitor to represent you. A Private Solicitor may also represent you. You can also contact the Citizens Advice Bureau (CAB) for advice as what to do and find out if you have a genuine claim.

The first thing you want to do for a claim is document everything about your situation on a computer. You can then send this information by email, or print it and post it, to the Citizens Advice Bureau or Solicitors for advice to see if you have a case with a reasonable chance of success.

 

For advice to apply for a claim form or make a claim online, visit the website: www.employmenttribunals.gov.uk

If you make a claim yourself, simply print out your documented evidence and attach it to your ET1 Claim Form, or copy and paste it to your online form. Always keep a copy of everything you send to the tribunal.

If your claim is outside the three months:

Solicitors acting for your employers are almost certain to ask for a Pre-Hearing to try and get the case thrown out as it is Time Barred.

You will have to prove that it was Just and Equitable (you have a good excuse for not making your claim inside three months) at that Pre-Hearing. Few cases succeed in having time extended although some have.

The main reason cases are thrown out as Time Barred is that they state you had not a good enough reason for not making the claim in time. Medical problems are normally the best way to get the time extended although if they find you have filled in any form, of any kind, in that time, even signing on as unemployed, they will probably state you were fit to make the claim in time.

The way Employment Tribunals use the Time Barr issue to throw out cases is thought of as unbelievably unjust by most people. This website hopes to get the issue of Time Barr made more flexible.

An in depth website for Unfair Dismissal gives information and provides links to ACAS and Citizens Advice Bureau (CAB) along with other employment issues.