Lifehacks 

What are you entitled to if you are unfairly dismissed?

Leia Doyle

What are you entitled to if you are unfairly dismissed?

If you were dismissed for an automatically unfair reason you can make a claim no matter how long you had worked for your employer. You must make the claim to an Industrial Tribunal within three months of being dismissed. You can’t make a complaint of unfair dismissal if you are a: worker (rather than an employee)

When an employee is unfairly dismissed they are entitled to a remedy of?

Conciliation settlement agreements reinstatement (getting the job back) continuity (an order that it should be as though the dismissal did not take place) monetary settlement (eg lost pay or compensation) a statement of service (stating how long the employee worked for the employer and what they did)

What are the automatically unfair reasons for dismissal?

Automatically unfair reasons for dismissal

  • pregnancy, including all reasons relating to maternity.
  • family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants.
  • acting as an employee representative.
  • acting as a trade union representative.

What is the difference between unfair and unlawful dismissal?

Wrongful dismissal occurs when an employee has been dismissed from their role in breach of the terms of their employment contract. In contrast to unfair dismissal, wrongful dismissal is a claim made under the Common Law.

What is the 2 year employment rule?

Many people don’t realise that since 6 April 2012 new employees have to work continuously for two years before they acquire full employment rights. This is known as the “qualifying period” or “two year rule” and was only one year previously.

How long before you get full employment rights?

You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job: on or after 6 April 2012 – the qualifying period is normally 2 years. before 6 April 2012 – the qualifying period is normally 1 …