If you have been dismissed by your employer, there should generally be an opportunity for you to appeal the decision. We can advise you of any errors made by your employer and issues that should be challenged by you at the appeal hearing. If the appeal has taken place and you remain dismissed there may be a right for you to pursue the matter at Employment Tribunal. The best thing to do is to call us at an early stage, and let us advise you of your rights and help guide you through any processes.
If you have been unfairly dismissed you can be awarded compensation, which to a certain extent is dependant on your length of service, age, and pay, and also any loss of earnings you are experiencing from having been dismissed.
For example Tom is 32, employed for 4 years, and earned £23,000 gross (£17,324.74 net) per year before being dismissed by his employer. He brings a claim of unfair dismissal and he is found by an Employment Tribunal to have been unfairly dismissed by his employer. The Employment Tribunal also find that he had attempted to mitigate his losses by applying for alternative employment but without success. Tom is awarded £1320.00 in respect of basic award based on his age, length of service and weekly pay. In addition the Tribunal awards £5774.92 in respect of the loss of his earnings for the four months between the date he was dismissed and the hearing. The Tribunal also considered that it would take Tom a further 3 months to obtain employment and so awarded him with a further £4331.19. The Tribunal awarded him £300 in respect of loss of statutory rights to reflect the fact that it would take him a further one year and two years to build up sufficient service with a new employer to benefit from unfair dismissal protection and redundancy payments respectively. In total he is awarded £11,726.11
If you have been discriminated against on grounds of your sex, race, colour, disability, age, or other specific grounds, the compensation that can be awarded is unlimited. Again the award is based upon losses of earnings, but there is often an award for 'injury to feelings' which can range from £500 to £25,000.
It is not possible to provide an exact calculation of what you would get if successful, but it is possible for us to assess what you could get and the likelihood of you obtaining that amount.
Presenting a claim at Employment Tribunal is only the first stage in the Tribunal process. There are a number of stages between the making of an application and the actual main hearing.
It is not always necessary to go all the way through to Employment Tribunal. We will assess the strengths and weaknesses of your case and advise you at every stage of the way. We will also discuss with you what your aims and objectives are in terms of pursuing your employer. Is it for compensation, your job back, or a reference? We will put your case forward and where desirable negotiate the best settlement possible.
I have issues with my job and employer
As an employee you have the right to raise a grievance, and for that grievance to be dealt with by your employer.
You might have been paid less than you are entitled to, your employer may be seeking to reduce your hours, you may have issues with the way you are being treated.
Each of these issues should be raised as a grievance. At present if you were to seek to pursue your employer for any of these claims there is a requirement that you have first raised a grievance. If you have not you cannot bring a claim.
We can provide you with advice and representation on all employment law issues. You may not be quite sure what your rights and abilities are. The best way to find out is to call one of our expert employment solicitors.
Bray & Bray has three main offices in Leicestershire, contact us to discuss an enquiry or a case you have or feel free to pop in and see us at your local office by clicking on the links below.
Leicester call us on 0116 254 8871.
Hinckley call us on 01455 639 900.
Market Harborough call us on 01858 467 181.
Bray & Bray's experts don't just dip in and out of different areas of law – all our lawyers specialise in certain areas and have the knowledge and confidence to take on any kind of case in their area of law. Contact us and we'll work alongside you from start to finish.
We know that when our clients are dealing with a stressful legal situation the last thing they need is to be confused by jargon, or made uncomfortable by stuffy professionals. Our plain speaking transparent approach puts people at ease and we're really proud of it.
We offer a complete range of legal services, from personal injury to family law, criminal defence and immigration. We have expert teams of lawyers working in all legal areas, and you'll never work with anyone who isn't fully versed in the relevant laws.
We're based in Leicester and the county but we serve clients nationwide, so don't hesitate to get in touch if you're based some distance away. We do everything we can to make things simple for clients based elsewhere – we'll keep in touch via phone and email, and we'll come and visit you should we need to.