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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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