Factors That Will Affect Your Unfair Dismissal Claim

The Big Picture

Boss dismissing an employeeDismissal refers to the termination of employment. Your employer should follow various procedures before dismissing you. You might file an unfair dismissal claim against your employer if you feel that he or she terminated your employment wrongfully.

A union employee can seek redress for unfair employment termination with the help of a union representative. Some cases of union arbitration seek to address your termination based on your employment contract’s terms and conditions. Here are some factors that will influence the outcome of your unfair dismissal claim.

Time Limit for Filing Your Claim

For your claim to be legally enforceable, you must begin your claim process six months from the date you were dismissed. You might be permitted to extend this period to a year if you have a reasonable cause. If you have worked for thirteen or more weeks, you qualify for a legal minimum notice period, which varies depending on your contract and employer.

Duration of Service

The minimum period you should have worked continuously for your employer before filing an unfair dismissal claim is one year. You can, however, file a claim if you have worked for less than a year in some circumstances. These include dismissals based on pregnancy, maternity rights, paternity leaves, and trade union activity.

Employment Status

If you want to file an unfair dismissal claim, you must be under a service contract. The key element in your relationship should be that of an employer and employee. Contractors who are paid for a specific service cannot file an unfair dismissal claim.

The facts of your dismissal will also affect your claim’s outcome. You must prove that you were dismissed without valid or legal reasons for you to file an unfair dismissal claim. An exception to this requirement is constructive dismissal, which requires you to prove that your employer’s actions forced you to resign.

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