UNFAIR DISMISSAL and Employment Tribunal Information Notes

If you think that you have been unfairly dismissed you may be able to apply to an Employment Tribunal.

The Bureau is willing to help you to complete an Application to an Employment Tribunal and to help you to prepare your case. If your case is suitable and you wish to ask the Free Representation Unit to represent you we may refer your case to them.

There is a time limit of 3 months less one day from the date of dismissal to apply for an Employment Tribunal. This applies even if the internal appeal procedure is ongoing or criminal proceedings pending.

BEFORE APPLYING TO AN INDUSTRIAL TRIBUNAL it is essential to follow the stages below:

• Invoke grievance procedure and ask for the decision to dismiss you to be reconsidered.
• Seek a reference where considered practical.
• Seek written reasons for dismissal; ensure correct notice, or pay in lieu of notice is given - one week for each complete year of service up to a maximum of 12 weeks.
• Write down events leading to your dismissal and why you think you have been dismissed. Get together copies of correspondence relating to your dismissal, ie. warning letters, appraisals, written terms of your employment, details of gross pay at time of dismissal and all monies paid to you at time of dismissal.

You must have had a minimum period of continuous employment for 1 year. There are some exceptions where this 1-year limit does not apply eg:

• Discrimination and Wages Act cases a) Sex Discrimination, eg reasons associated with pregnancy b) Other types of discrimination, eg race or disability – can take action for compensation for discrimination but still needs 1 year for unfair dismissal
• Enforcing statutory rights
• Taking action on Health & Safety issues
• Refusing to work on Sundays – shop and betting shop workers
• Trade Union activities
• “Whistle blowing”.

BEFORE THE TRIBUNAL

Please keep a record of:

• Any job applications - both letters and phone calls
• Any benefits received - unemployment/income support/sickness
• Expenses incurred in seeking new work eg. visits to Job Centre, telephone calls, interviews, newspapers purchased etc.
• Details of any earnings in new job

ATTENDING THE TRIBUNAL

PRE-HEARING REVIEW If it appears there is small likelihood of a successful claim, or there is a dispute over jurisdiction, then pre-hearing reviews take place. If the view of the Review Tribunal is that there is no reasonable prospect of success it may order a deposit of £150 as a condition to continuing the case.

AT THE TRIBUNAL

Hearings are usually heard by 3 people - the Chairman who is a lawyer and two lay members, one nominated by the TUC and the other by the CBI - BUT there is now a procedure that some hearings can be heard by a CHAIRMAN sitting alone.

AFTER THE TRIBUNAL

The Tribunal awards* are subject to a maximum laid down by Parliament - the amount usually alters on 1 April each year. The award can be made up of:

• Basic award (equivalent to redundancy pay)
• Loss of earnings from date of dismissal to date of Tribunal hearing
• Future loss of earnings
• Loss of pension rights
• Loss of any other benefit - eg car
• Expenses in seeking new work
• Loss of statutory rights

*A Tribunal may find the dismissal unfair but that the applicant contributed to the dismissal and reduce the award by up to 100%.