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.
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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.
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