Archive for the ‘Unfair Dismissal’ Category

Unfair Dismissal Compensation Is Your Right

By Wayne On November 9, 2011 No Comments

You may be eligible for unfair dismissal compensation if you have been fired illegally. If you believe that your employer has no reason to fire you because of your job performance, it is a good idea to get a lawyer to protect your rights. Sometimes, the employer does not follow the proper procedure of firing, and due to some reason that have nothing to do with you, you are fired without given a due notice. In case you want a leave and get fired, the ground of firings may not be legal. If you live far and get late to work and have been asking to change your timings and get fired instead of getting flexible timing, you may be eligible for compensation.

Codes of conduct of employers are part of written law and anyone can challenge acts of employers if they feel they have been treated unfairly. Proper dismissal procedures are required to be followed, or else the dismissal might be considered unfair.  When you do not get a proper notice of dismissal, or do not get paid the notice period, your employer has breached the employment contract. You will be eligible to get compensation in such a case. If some compensation has been paid but is not the right amount, you can still sue the employer over short paying you. You can make two claims, for unlawful dismissal and breach of contract as well. It is important for all fired employees to seek legal help, so they can get unfair dismissal compensation.

In UK, there are Employment Tribunals that help resolve employment related problems. Compared to a court hearing, these are less formal, and the decision taken by the tribunal is binding on both parties and needs to be followed. Tribunals comprise a panel of three people, a qualified Judge and two non-legal members who are well familiar with job related problems. If you wish to appear before a tribunal, you need to do it before the 3 month period lapses. No appeals can be made after this time frame.

The best way to learn more about your situation is to get a lawyer. The attorney will hear your case and let you know if you are eligible to file a claim. You will need to take all the documents you have on the case, even your pay slips. Tell the attorney exactly what caused the dispute that made you lose your job, and that you wish to get unfair dismissal compensation.

All companies are required to follow a policy. Your appointment letter states your job position, your pay and your timings. You are given a job description that outlines your work activity. Always make a copy of these documents, so in case something goes wrong you can refer to these later.

To get unfair dismissal compensation, you will have to prove that you have been employed at least a year and that your firing was unjust. A lawyer will be able to establish the truth given facts from your end and take the company to court so you can be paid a proper amount of money to compensate for the damage caused to your career.