Losing your job can be stressful, especially if you feel your dismissal was unfair. If you work in Fleetwood and believe your employer has treated you unjustly, it is important to understand your rights and the options available to you. This guide explains what unfair dismissal means, how to spot it, and what steps you can take to challenge it.
What counts as unfair dismissal?
Unfair dismissal happens when an employer ends your contract without a fair reason or without following a proper procedure. In most cases, employees must have worked for their employer for at least two years to be eligible to claim unfair dismissal. However, some dismissals are automatically unfair regardless of length of service, such as those linked to discrimination, whistleblowing, or pregnancy.
When can a dismissal be fair?
Employers can lawfully dismiss employees for reasons including:
- Poor performance or lack of capability
- Redundancy situations
- Misconduct, such as breaking workplace rules
- Statutory reasons, like losing the right to work in the UK
- Other substantial reasons that justify ending employment
Even if a reason is valid, employers must still follow fair procedures, including giving warnings and offering a chance to improve or explain before dismissal.
Examples of automatically unfair dismissal
Some reasons make a dismissal automatically unfair no matter how long you have worked for the company. These include:
- Pregnancy and maternity-related reasons
- Exercising your legal rights, such as requesting flexible working
- Taking part in trade union activities
- Raising concerns about health and safety
- Whistleblowing about wrongdoing
If you believe you have been dismissed for any of these reasons, you should act quickly.
Who can make a claim?
To claim unfair dismissal, you generally need to:
- Be an employee (not a contractor or self-employed)
- Have worked continuously for at least two years (except in automatic unfair cases)
- Submit your claim within three months minus one day from the dismissal date
Steps to take if you think your dismissal was unfair
If you suspect your dismissal was unfair, here are the important actions to consider:
Ask for a written reason for your dismissal
If you have worked for two years or more, you can request a written statement explaining why you were dismissed. Your employer must provide this within 14 days.
Gather any evidence you have
Collect documents like your employment contract, emails, meeting notes, and any written warnings. This information will help support your case.
Use internal grievance procedures
Many employers offer a process to dispute dismissal decisions internally. This might be a useful step before taking legal action.
Contact Acas for early conciliation
Before making a claim to an employment tribunal, you must notify Acas. They provide a free conciliation service aimed at resolving disputes without going to court.
Submit a claim to an employment tribunal
If conciliation does not resolve the issue, you can take your case to an employment tribunal. Remember, you only have a short time to do this after dismissal.
Possible outcomes of an unfair dismissal claim
If your claim succeeds, a tribunal may order:
- Compensation based on your salary and length of service
- Reinstatement to your former job or a similar role
- Compensation for financial losses due to unfair dismissal
How Marley Solicitors can assist
At Marley Solicitors in Fleetwood, we understand how difficult unfair dismissal can be. Our experienced employment law team offers advice and support throughout your claim, from assessing your situation to representing you at tribunal hearings.
We aim to achieve the best possible result for you and guide you through each step with clear, practical advice.
Why choose a local firm in Fleetwood
Having a solicitor who understands the local job market and employment environment can be a real advantage. Marley Solicitors is rooted in the Fleetwood community and is committed to supporting workers’ rights here.
Protecting yourself against unfair dismissal
Knowing your rights and the correct procedures can help you avoid unfair dismissal in the first place. Ensure you:
- Understand your contract and workplace policies
- Keep records of any warnings or disciplinary actions
- Raise any concerns early through official channels
Final thoughts
Unfair dismissal can feel overwhelming, but you do have options. Whether you have worked for your employer for many years or just a short time, there are protections in place to support you. If you think your dismissal was unfair, seek advice quickly to protect your rights.
Marley Solicitors in Fleetwood are ready to help you take action and get the outcome you deserve. Contact us for a confidential discussion about your case.
