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Dismissal
Your job or employment can be one of the most important
things in your live and defines how many people perceive
themselves. The sudden loss of a valued position can be
extremely traumatic and can lead to feelings of diminished
self worth, stress, sleepless nights, financial hardship
and in some cases marital break up.
If you have been dismissed (or without being dismissed
you feel you have been forced from your position) you
may possibly be entitled to compensation either for breach
of contract through the County or High Court in respect
of wrongful dismissal. If you have been unfairly or constructively
dismissed, in which case you may have a claim through
the Employment Tribunal for compensation, re-instatement
or loss of wages or salary.
The Employment Tribunal (initially the Industrial Tribunal)
was initially set up as a free and relatively simple forum
where aggrieved employees could bring claims against their
employers, where they might not otherwise have had any
redress.
Employment law is notoriously complex and whilst theoretically
the Employment Tribunal remains free (in the sense that
there are no fees to pay upon making the application)
and informal, in practice it is neither. Aggrieved employees
bringing a claim in the Employment Tribunal are at a great
disadvantage when faced with experienced employment lawyers
engaged by their employers, frequently acting under legal
expenses insurance. We may be able to act for
you under the terms of a legal expenses policy which you
may have even though you may possibly not know about it.
We can look into this for you.
Time limits in the Employment Tribunal are very tight
and you must bring your claim for unfair dismissal within
3 months of the “effective date of termination”.
This may or may not be the same of the date upon which
you were dismissed.
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Race discrimination
Race discrimination in the workplace is abhorrent to all
fair-minded people but unfortunately still occurs. If
such a claim is made out, in addition to any other award
which might be payable by reason of loss of employment,
compensation is payable for injury to feelings. Such compensation
is currently uncapped and depends on the duration and
severity and of the discrimination suffered by the applicant.
However unless the tribunal gives leave an application
must be brought within 3 months of the last incident relied
on, so it is in your interest to act quickly.
There is however no qualifying period for race discrimination
claims i.e. you do not have had have worked for any particular
length of time in order to qualify, providing it is made
out that a) discrimination has taken place and b) the
applicant has suffered a detriment thereby.
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Sex discrimination
The regime for sex discrimination claims is very similar
to that for race discrimination; see heading above.
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Health and safety at
work
There are specific provisions governing claims arising
out of breach of health and safety regulations. There
may be some overlap between this jurisdiction and a claim
for personal injury in the County Court. However statutory
compensation is payable if you are dismissed or have to
leave your employment as a result of a health and safety
issue. Please ring for further advice.
If you feel that you have an employment claim and would
like to speak to one of our employment solicitors please
ring 0113 2438688
or click
here to complete an e-mail enquiry form.
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