Time Limits For Unfair Dismissal Claim
Is there a time limit for unfair dismissal claims in the UK?
It’s a relevant question and the short answer is yes.
Of course, it depends on your situation and we’ll go into detail on what unfair dismissal means, what constitutes unfair dismissal, and how long you have to make a claim.
Unfair dismissal is specifically where your employment is terminated by your employer AND you’re:
- Not given a fair reason for your dismissal
- Or not given enough reason to justify your dismissal
- Or not allowed a full and fair dismissal procedure
So, Is There An Unfair Dismissal Claim Time Limit?
Yes, the time limit for unfair dismissal claims is 3 months after you are dismissed. That might be your last day of working for your employer OR the last day of your notice, depending on whether you had one or not.
It’s a key part of employment law and it’s why it’s important to seek legal advice from an expert solicitor, union representative, or another professional as soon as possible.
Your employer should outline what their appeal process is so that you’re able to challenge the decision if you wish. If they don’t, you should speak to a legal expert to decide on what your next course of action might be – the reality is that a court or employment tribunal will expect the minimum standards of employment law to be followed in a dismissal situation. If they’re not, they’re much more likely to rule in the employee’s favour.
Some things are ‘automatically’ unfair if they are the main reason you’re dismissed, including:
- Requesting flexible working
- If you resign and give the correct notice period
- Taking time off for jury duty
- Joining a union
- Applying for or receiving maternity, paternity, or adoption leave that you’re entitled to
- Refusing to give up working time rights
- Asking for a legal right such as receiving the national minimum wage
- Taking part in legal or industrial action for less than 12 weeks
Many other instances might be classed as unfair dismissal (being forced into compulsory retirement or whistleblowing being two significant ones).
What Compensation Should I Expect?
When you’re submitting a claim, you might be wondering whether it’s worth the effort, particularly if you’re keen to move forwards with your life and your career.
But knowing how much you could be entitled to should help you make that decision.
The amount of compensation you’re entitled to will depend on:
- The amount of time you had worked for your employer when dismissed
- Your age when you were dismissed
- Your weekly pay before tax and national insurance are deducted, known as gross weekly pay
Making an unfair dismissal claim might mean going to an employment tribunal if it can’t be resolved beforehand.
The financial award from an employment tribunal is split into a ‘basic’ award and a ‘compensatory’ award.
The basic award is calculated as follows:
- Half a weeks’ pay for each complete year of employment under the age of 22
- 1 weeks’ pay for each complete year of employment between 22-40
- 1.5 weeks’ pay for each complete year of employment aged 41+
A weeks’ pay is capped at £571 if you were dismissed on or after 6 April 2022, as new rules came into force.
The basic portion is also capped at a maximum of 30 weeks, so the total figure will be £17,130 for those dismissed on or after 6 April 2022.
The compensatory award is where personal circumstances are considered when calculating the total sum, with the total amount being capped at £105,813.
Unfair Dismissal Solicitors Near Me
At Solicitors Near Me, we’re here to help with your unfair dismissal claim. Our goal is to connect you with solicitors near you for FREE so that you can find the expert legal advice and support you need to achieve a positive outcome.
Until you decide to proceed with a solicitor, there’s absolutely no cost, and it’s up to you whether you want to go ahead.
So, to connect with an expert unfair dismissal solicitor near you, just click below, and get going…
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