A dismissal rarely comes at a good time, and the deadlines to challenge it start running at once. That is why it pays to check a few things quickly, starting with the decision itself.
How I represent employees and employers is described on the employment law page.
Day one: what to keep
- the dismissal decision and the envelope it came in
- any warning issued before the dismissal
- your employment contract and all annexes
- emails and messages about the reason for dismissal
The date you received the decision matters because the deadline to sue runs from it. Write it down straight away.
The reason must exist and be proven
An employer may dismiss only for reasons the law provides, such as a breach of work duties, a disciplinary breach or technological change. It is not enough for the reason to exist on paper: the employer must prove it.
Procedure matters just as much
For some reasons the employee must receive a warning with specific allegations and time to respond before dismissal. Without it a dismissal can be unlawful even when the reason is real.
What I check in the decision
- which legal ground is stated
- whether the facts are specific or only general
- whether reasons are given
- the date employment ends
What can be claimed in court
If the court finds the dismissal unlawful, the employee can claim reinstatement, damages and payment of contributions for the time out of work. What is best in a given case also depends on whether you want to go back at all.
Do not wait
A missed deadline means losing court protection, however unfair the dismissal. If you have been dismissed, write to me at once, and I will review the documents and tell you what you can realistically achieve.