What to Consider When Filing an Unfair Dismissal Claim

Posted on Sep 13 2018 - 4:23pm by Admin

Wrong DismissalHaving to go through a wrong and unfair dismissal is a case that employees definitely would not want to go through. However, some companies do this, which triggers the employee and leaves them with no choice but to pursue an unfair dismissal claim against their former employers.

Before filing for an official complaint, though, you should consider the things listed below. Freeman Solicitors and other experts discuss what you need to remember before filing an unfair dismissal claim.

The Eligibility of Your Case

You have to know if your case is eligible for filing an unfair dismissal claim. Employees who have not undergone their regularisation yet and are working for the company for less than six months is not eligible for the claim. Also, if the company has recently undergone a change in management, especially with the owner, then it is highly unlikely that your case is eligible for the claim.

Talk to your lawyer first and ask them if your case would push through if ever you decide to go for it.

When Were You Dismissed?

If you want to file for an unfair dismissal claim, you have to act fast. You only have at least 21 days to pursue the case. If it goes beyond that point, your case will not be eligible for filing any more. Look for someone to represent you as soon as your employer lets go of you. Always ask for their advice, so you would know what your next step would be.

What Were the Reasons for Your Dismissal?

Make sure that the reasons for your dismissal are not listed in the contract that you signed. If it is, then your case would not be eligible for the claim. However, your lawyer might just find a good loop around it. They might see something written on the contract that can counter the reason, which is why you should always talk to an experienced professional first before going through with the case.

Look around and ask your friends and family for recommendations regarding the lawyer that will handle your case. Interview them and ask them the right questions to make sure they are the one for the job.