There are several scenarios where you can claim you have been unfairly dismissed. In essence, an unfair dismissal means that the employer has given an excessively harsh punishment to something you have done or they have created a reason for you to leave for no other reason than to get rid of you.
For example, you have been late once and have a clean employment record but the employer dismisses you. This is an example of an excessively harsh punishment. Equally, creating an environment where you feel uncomfortable, unhappy, and even unable to do the job, is likely to lead to you quitting your job. But, if you feel that you have been effectively forced out, you may have been unfairly dismissed and will need to take further advice.
The legal Side
It is important to note that if you believe you have been unfairly dismissed you have a limited period to make a claim. The law allows you 21 days from the day after dismissal to lodge your claim. If you miss this deadline then you won’t be able to claim unfair dismissal.
That’s why you should book an appointment with a specialist unfair dismissal lawyer as soon as possible and discuss the facts. They can advise if unfair dismissal seems to have occurred and what you need to do next.
Proving Unfair Dismissal
There are several ways in which unfair dismissal can occur. The manner of the dismissal will affect how easy it is to prove you were unfairly dismissed.
For example, if you have been fired for simply arriving at work late then the dismissal will automatically be unfair. This is because the punishment doesn’t fit the misconduct and your employer hasn’t followed due process. This is the procedures that all employers must follow when disciplining employees.
It starts with an invitation to a meeting to discuss the issue and ends with the employer making a disciplinary decision. This is fairly straightforward to prove as the facts will bear out the claim.
But, if you have been dismissed due to often being late and having been warned and disciplined before, it can appear to be a fair dismissal. Claiming unfair dismissal in this situation is likely to revolve around the principle that your previous disciplinaries were unjust. Perhaps you feel you have been treated differently from other employees or that the employer engineered situations to ensure you were late.
To prove this, you’ll need the testimony of other employees to confirm differences in treatments. You may also need to maintain a timeline of when various events happened. This will help to show you felt targeted and that the dismissal was effectively created to get rid of you.
It can be complicated to demonstrate that the intent behind the employer’s action was dismissal instead of fair treatment. That’s why it’s vital you get expert help to prove your case. After all, the burden is on you to prove you were unfairly treated. The more support and evidence you have to back up the claim the easier it is to get the right result.
