What do you do if you are unfairly dismissed?

What do you do if you are unfairly dismissed?

If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer’s dismissal or disciplinary procedures. If this does not work, then you may be able to make an appeal to an Industrial Tribunal.

What constitutes as unfair dismissal?

In its simplest form, unfair dismissal is when your employment contract is terminated and your employer did not have fair reason to do so. It can also be claimed if your employer did have fair reason but handled your dismissal using the wrong procedure. You are protected by law against both these eventualities.

When is a dismissal likely to be unfair?

follow the company’s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland) Situations when your dismissal is likely to be unfair include if you: Compulsory retirement is not allowed unless your employer can objectively justify it, but you can challenge it at an employment tribunal.

How can I claim unfair dismissal in Northern Ireland?

If you’ve been unable to solve a problem between you and your employer, you can normally go to an employment tribunal. In Northern Ireland, you can go to an industrial tribunal. You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal.

Can a tribunal award compensatory award for unfair dismissal?

There is no limit on the ‘compensatory award’ a tribunal can award where the employee is dismissed unfairly or selected for redundancy for reasons connected with health and safety matters or public interest disclosures (‘whistle-blowing’).

What to do if you are unfairly dismissed on trade union grounds?

However there is a minimum figure for the basic award in the case of employees who are unfairly dismissed on certain trade union, health and safety, occupational pension scheme trustee, employee representative and working time grounds only.

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