The experience of being unfairly dismissed by your employer is always unpleasant. If this has happened you may be able to take legal action against your employer and seek compensation.
Unfair dismissal requires a qualifying period of service of two years. An application must be made to the tribunal within three months from the date of termination. In some cases there is no qualifying period particularly if the termination is due to pregnancy, maternity, parental, wage deduction from salary, trade union membership.
Constructive/Wrongful Dismissal
Constructive Dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign. It may be in response to a single act or the final response to a series of acts (the final straw). The employee is entitled to consider himself as having been “dismissed” and the employer’s conduct is often referred to as a fundamental breach of contract or “repudiatory breach” of contract. Basically there is no option for the employee but to resign from the position.
There are instances where a person can bring a claim to the tribunal without any qualifying period of service. Such a case would be a candidate attending an interview if they believe they have been discriminated against in the recruitment process.
Claims of wrongful dismissal can be made to a tribunal within three months of the dismissal, or a case can be taken at county or High Court up to six years after the dismissal. There is no qualifying period for wrongful dismissal claim. Wrongful dismissal is based on a breach of the employment contract. Such a breach may be due to taking unfair disciplinary action or failure to provide a safe working environment, or failure to investigate harassment and victimisation complaints. Claims brought to a tribunal are capped at £25,000 but legal costs are seldom recovered. In contrast legal costs can be recovered if a claim is taken to the county or High Court. The claim for damages is based on salary and benefits for the notice period and there is no limit on the amount that can be awarded.
Discrimination
Discrimination normally occurs when a person is less favourably treated in comparison to someone else. It may be due to various reasons the most familiar being “race or sex” but other reasons exist such as age, sexual orientation and disability. It may be as simple as women being required to work full time rather than part time. Protection exists in the workplace to prevent discrimination although some types of work may require one particular gender above another.
Employees are again protected from discrimination because of their “disability”. This type of discrimination occurs with less favourable treatment on account of the disability. There is a duty to provide any reasonable adjustment to a premises that assists a person with a disability. Again it must be reasonable.