If you have been dismissed by your employer and you believe the dismissal to be unfair you have just three months from the date of your dismissal to present a claim to the employment tribunal.

Whether you have a legal claim and, if so, what type of claim will depend on how long you have worked for your employer.

Employed for Less Than Two Years

If you have been employed for less than two years your only potential claim would be for wrongful dismissal.

Wrongful dismissal occurs when an employer dismisses an employee and in doing so breaks a term of the contract. The most likely ways for this to happen are by failing to give proper notice or payment in lieu of notice, failing to pay for any accrued but untaken holiday or by failing to carry out the contractual disciplinary procedure.

PLEASE NOTE: If an employee has been dismissed for gross misconduct the employer does not have to give the employee notice.

Employed for More Than Two Years

If you have been employed for more than two years the law protects you from unfair dismissal. Whether a dismissal is fair or unfair can be extremely complex and you are advised to seek legal advice. Contact Emplex for an appointment to see one of our employment lawyers or for free advice contact your local Citizens Advice Bureau or Law Centre.


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