If you believe that you have been unfairly dismissed by your employer, you can either make a formal complaint or try resolving the issues. You can also appeal to your employer’s dismissal or disciplinary procedures. If none of the methods work, your last resort can be to appeal to an Industrial Tribunal. However, there are several things that you can try before that.
Resolving the Issues with your Employer
Try resolving the reasons for your dismissal with your employer before lodging a formal complaint against it. You can also try to go for conciliation with them through a Labour Relations Agency where a specialist will help you out.
Apart from that, you can also take help from an arbitrator who'll hear the case and make a legally binding decision. However, before you try any of these methods, you must keep copies of any letters you've sent and written notes of any meetings or conversations you've had to keep a record.
If none of the above steps work, you can complain of unfair dismissal at an Industrial Tribunal. Normally, you'd have had to work at the company for at least a year but if you were dismissed automatically for an unfair reason, you can appeal any time. However, the complaint must be lodged within three months of your dismissal.
Moreover, there are restrictions on filing a complaint at an Industrial Tribunal. You can't appeal if you're:
- A worker and not an employee,
- Member of the armed forces,
- Self-employed,
- An agency temp,
- Or share fisherman.
If you're a member of the police service and have been dismissed for whistleblowing or taking action on health and safety grounds, you can file a complaint.
Compromise Agreement
If you've made a compromise agreement with your employer stating that you won't complain of unfair dismissal, you can't appeal to the Industrial Tribunal. You must've gotten independent legal advice for this scenario.
However, if you're successful with your claim of unfair dismissal, you can receive compensation as a reward. You can also get your job back in certain cases. But if you're unwilling to take your job back, you might get lower compensation than decided.
The compensation usually depends on what your financial situation would've been like if you hadn't been fired. If your conduct played a role in your dismissal, the Industrial Tribunal may lower your compensation.
Interim relief
You can also appeal for interim relief with the Industrial Tribunal if you believe you were dismissed because of a trade union-related reason, whistleblowing, or wanted to discuss something. The success of your interim relief hearing may lead to your reinstatement at work, re-engagement or the extension of your contract.
Knowing your rights can help you avoid problems at the workplace, ensuring you know your rights.
Check now more details about: Rights and Responsibilities of an Employer in the U.K. | Settlement Agreements
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