Should you be appealing any decision to dismiss you? What are the implications?
In some cases, appealing can make it more difficult to dismiss. In other cases, it allows an employer to ‘correct’ any mistakes it made in the past and thereby increase its chances of arguing that the dismissal was fair. If you don’t appeal, it is likely that part of the compensation you receive is reduced by up to 25%.
If you are proposing to claim constructive dismissal, there are three factors you must consider before resigning and you should take immediate advice.
Talk to one of our lawyers for a low fixed-fee consultation about your individual circumstances. We can answer all these questions and devise a suitable strategy for you.
There is a difference in having a complaint or grievance against your employer – and having a valid legal claim against it. You should ask yourself: do you have a good claim in law? You should also note that different legal tests apply to different types of dismissal. What legal tests apply in your case?
In fact, how do you know if it’s just an ‘unfair dismissal’ claim that you should bring? What if you have other valid claims that you have not thought of? If you don’t bring such claims in time, you might be prevented from bringing them at all – and you could lose out in compensation. You might also consider how would you set out your claim so that you had the best chance of winning the case.
We can help you answer all of these questions for a low fixed fee.
Time limits for unfair dismissal claims run from the last day you are effectively employed. You should assume you have three months minus a day from that point to make a claim otherwise it is very likely that you will be debarred from making a claim. There are limited exceptions – if you are concerned, give us a call. You should however move fast as you need to factor in enough time for a lawyer to draft your pleadings if you are going to make a claim.
This is actually a difficult question to answer, although you are welcome to try and get a very rough idea by asking about this in your first call to us.
In order to get much more accurate assessment, you should ask a lawyer to help you. We can judge what assumptions a Tribunal might make in your case and explain how these affect the compensation you might be awarded.
In addition, our lawyers are trained in all aspects of employment law and are able to spot claims that you might not have thought of, which could result in significant additional compensation being awarded.
You can find this out by clicking on the tab above marked ‘fees’.
Where you have legal expenses insurance under a household-insurance policy, it should cost you nothing – but remember to activate your insurance immediately. You should feel free to nominate us as your solicitors under that policy.
Alternatively, you may have access to other free sources of legal advice (via a union, a Citizens’ Advice Bureau, and advice centre or in very limited circumstances, though a legal aid firm). We offer fixed fee options, a type of ‘no win no fee’ agreement or litigation services based upon our hourly rate.
Making a claim involves a big commitment. It usually takes between 6-10 months to progress a claim to final hearing, but it can take longer than that.
You can find out what’s involved by clicking the button marked: ‘what’s involved’ on our home page. This sets out the litigation process in a diagram.
You should bear in mind however that you will be advised on your options in terms of settling any claim throughout this process and it may be that you don’t need to go through all of this.
Is it an apology or simply recognition of your side of things that you want?
Can an early settlement be achieved?
If so, how? What do you say to get your employer to do this?
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For more information the following lawyers will be able to help with Dismissed?.