EMPLOYMENT TRIBUNAL

Our panel of specialist employment solicitors deal exclusively in employment tribunal compensation claims. They act on behalf of clients using the no win no fee scheme and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor without obligation or charge just use the helpline, email or complete and send the contact form.

Warnings

Employers do have the right to dismiss employees from their job but in all such cases they must use a fair procedure and behave reasonably. Other than in exceptional cases which justify instant dismissal they must issue warnings and they need to investigate the work situation to conclude that dismissal is justified. If they do not act reasonably an employee may make a compensation claim for unfair dismissal.

Requirements

To qualify for a compensation claim for unfair dismissal the claimant must have been employed by that particular employer for at least one year. Applications for unfair dismissal must normally be made within three months of termination of the job but in certain cases the time limit may be extended. To successfully defend a claim an employer must prove that the dismissal was fair on the grounds of conduct, capability, redundancy, illegality or some other substantial reason.

Constructive Dismissal

If an employer makes the employee's life very difficult by changing their terms or conditions without consultation, or by changing the job location, or by being abusive then an employee can terminate the employment and make a claim to the employment tribunal for constructive dismissal as a result of fundamental breach of contract by the employer.

Compensation Awards

Compensation awarded for unfair dismissal is divided into the Basic Award and the Compensatory Award. The basic award is capped and depends on age and length of service. The compensatory award is also capped and is intended to compensate the employee for financial loss relating to the dismissal, including expenses and loss of benefits. The tribunal also deals with claims for racial discrimination and sexual discrimination

Employment Appeal Tribunal

Following judgement, there are some circumstances in which a lawyer can appeal to the Employment Appeal Tribunal (EAT) which sits in London and Edinburgh and consists of a High Court Judge with several lay members. Appeals can only be made on a point of law however in certain circumstances fresh evidence may be produced. The EAT will not review the facts of the case. Legal aid is available to appeal, subject to a means test, to cover the cost of the case.