Losing your job can be a tough time but it can be even worse if you feel like you’ve been unfairly dismissed. Being on the receiving end of this can be hard and it can be difficult to know what to do about it. There are however, several steps you can follow in order to contest the decision and lodge a complaint against the dismissal. In the beginning, it is always vital that you check that you have grounds for believing the dismissal is unfair and you aren’t acting emotionally out of anger. If in the case that you were let go based on grounds of race, gender, age, religion or appearance you have a valid case to contest. You can also make a strong case for unfair dismissal if it was directly related to trade union, whistle-blowing, health and safety matters or for making sure your rights as an employee were upheld.
Part 1 – Making Your Appeal
Following a dismissal, you need to immediately start by lodging an appeal against the decision with your employer. Depend on the company and company size, they should have a grievance procedure for you to follow. If for example, you’re a member of a trade union, you can seek to your union representative for advice, and ask them to attend any meetings or proceedings that may be organized – if you aren’t part of a union, you don’t always need a representative and you’ll still be entitled to lodge an appeal.
Always guarantee you have a case by collating all forms of evidence whilst getting a clear understanding of the facts regarding your case. It’s crucial that you stay calm and professional through the whole of the proceedings otherwise you will lose your right to appeal.
Please note that in specific cases it can be tricky to lodge an appeal or even open a dialogue with your parted employer, especially if it is a small company or if it ended on bad terms. If you find yourself in this situation, an employment tribunal will expect you to have attempted to resolve the dispute personally before taking legal steps, so it is important to lodge your appeal first to show you’ve tried.
Part 2 – Mediation
If you’re appeal was rejected, unsuccessful or you weren’t even able to make one, you may want to mediation. Mediation – if you aren’t aware – is an informal way of resolving disputes without resorting to official procedures through legal clerks or dispute resolution solicitors. An objective and neutral third party is brought in to facilitate the discussion of the issue of the argument. It is crucial that mediator is a neutral party – you can seek out organizations for this such as the Advisory, Conciliation and Arbitration Service who provide advice and mediation services in any employment matter.
Part 3 – Seek Legal Advice
If mediation doesn’t get to the root of the dispute, the next step to take is seeking help from a solicitor. A solicitor will be able to give you best possible advice on the legal steps ahead, and they’ll be able to inform you whether you should take things to a tribunal. A tribunal will give the power to award compensation or even give you the position back (if you want it). It is sometimes best to seek related or local help as they will have better knowledge of the companies that operate in that area and they will be easier to meet to discuss the case. This doesn’t mean however, that you must employ the best employment lawyers Manchester has to offer for example, it just means that it will be much easier to hold discussion between all parties within the same region. A lawyer will also be able to advise you on whether you are able to make a claim against your employer on other grounds – for example, if you were dismissed on grounds of race, age, religion, or gender, you may be able to file an additional claim against them for discrimination.
Overall, the main part of this to remember is that if you’re looking to take your employer to a tribunal you must do within three months of the dismissal taking place so don’t leave things to fester! Whether the case is brought to a close through an appeal or legal proceedings, you have a number of options available to you if you believe you’ve been dismissed unfairly.