Think You May Have A Case Of Unfair Dismissal?

Finding a job is not always the hard part. Sometimes it’s feeling you’ve been wronged after becoming employed and not knowing if you have the law behind you. If you think that you may have been a victim of an unfair dismissal, then it’s a good idea to check on your rights and fight for them.

This will need legal help. There are legal advisors who specialise in employment law and can tell you whether your situation can be protected and argued first in mediation, and then if need be, in a court of law.

The first thing you will need to do is work out what actually happened from a fact perspective. Collect as much factual information as you can, including the type of contract you had, whether you go to serve out your notice period, and how you were dismissed. If you can document each step of the way, it makes it easier to track where it all began to go wrong. If you were asked to resign, and felt pressure to do so, the more written proof you have of this the better. Examine emails and make sure you keep any notes or in-office memos.

An employer can argue that you have been fairly let go if it can be proved you were not doing your job the right way, or you breached your terms of contract in a serious manner. They will need to provide evidence of this. It’s a good idea to be as open and honest about any potential issues with your advisor so they can work out which situations are admissible and which are not.

Simply being made redundant may not be a case of unfair dismissal even if it was plainly not fair. It’s about whether it was in line with the law or not. If your employer has stayed within the law, they are in their rights to end your employment or contract. If you are unsure if your case was legal or not, having a chat to a lawyer can help.

Some common areas that can fall into the area of unfair dismissal currently are joining a union, or expecting your rights to be recognised, or trying to make the place of employment come into line with health and safety regulations. Some people find they lose their jobs soon after announcing a pregnancy or not being able to return to the same job after having maternity leave.

There are lots of reasons why a case of unfair dismissal may be argued. If you want to find out about your case, it’s a good idea to collect your evidence and have a chat to a lawyer to find out.

Phil Butler and Associates Ltd is one of Canterbury’s leading employment law advocacy firms. Since 1992 we have been providing advice and representation to employees and employers on employment agreements, employment problems (such as personal grievances, disputes, harassment, redundancy, unfair dismissals & workplace bullying) and the laws governing them.

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