Unfair dismissal qualifying period
If you were unfairly dismissed before April 6th 2012, you can claim for unfair dismissal after the first year of employment, whereas you will be eligible after two years of employment if you were dismissed after this date. The unfair dismissal qualifying period is set by the Government. However, there are exceptions to these rules, which means many employees find themselves seeking advice on whether they are permitted to make a claim or not. Some people may be able to claim even if they have not served their employers for these periods of time. For instance, there is no minimum length of service for those that have been dismissed because of asserting a statutory right, for example to an employment contract.
Has your employer complied with the law?
Employers are obliged to follow recognised processes whenever they dismiss someone. When poor workplace performance or misconduct has taken place, they must comply with a procedure usually following the ACAS Code of Practice on Disciplinary and Grievance Procedures. Where employers are made redundant, they must follow certain procedures on consulting with the employees facing redundancy. Where over 20 employees are at risk of redundancy, the procedures become more complex. Those that have been dismissed after less than two years of service should not assume they have no rights.
What could I receive following unfair dismissal?
When an unfair dismissal claim is successful, the claimant will receive a basic award which is determined by factors including their age, salary and length of service. They can also claim for loss of earnings equal to the lesser of 1 year’s salary and £80,541. Employees are required to seek other employment to mitigate their losses.
What if I served less than two years?
Employers may be able to claim for constructive dismissal even when they were in employment for less than two years. If you have been the victim of constructive dismissal and suspect your employer was in serious breach of contract, we may be able to help. Constructive dismissal involves employees feeling forced to leave their position because of poor treatment from their employers. If you have less than 2 years’ service this may be a breach of contract rather than an unfair dismissal claim.
Contact Davies and Partners
If you do feel you have been left with no choice to resign but are concerned about the implications, it’s wise to enlist the services of trusted legal professionals. At Davies and Partners, we offer a range of specialist employment law services and can provide you with accurate, in-depth legal advice before you take the substantial step of resigning from your position. We can also help if you have already been dismissed possibly unfairly and are wondering what to do next. To find out more, use the contact form on our site or give us a call.