If you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal.
Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.
However, if you have been Dismissed or Constructively Dismissed based on an Inadmissible Reason, then the Dismissal will be Automatically Unfair regardless of the length of your Employment. Inadmissible Reasons for Dismissal include Dismissal on the basis of a Protected Characteristic (Age, Disability, Race, Religion or Belief, Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, Gender Reassignment), for making a Disclosure In The Public Interest to a Prescribed Person within your Employer or external Regulatory Body (i.e. “Whistleblowing”), Trade Union membership or activities, asserting a statutory right under section 104 of the Employment Rights Act 1996 (“ERA”) or for a health and safety reason under section 100 of the ERA.
In Discrimination and Whistleblowing cases, in addition to the Basic and Compensatory Awards for Unfair Dismissal, you may also claim Damages for Detriment and Injury to Feelings.
A Claimant employee has three months from the Effective Date of Dismissal, or the Discrimination or Detrimental Act complained of to lodge a Claim Form ET1 with the Regional Employment Tribunal. This is a very brief time limit which is strictly enforced. I therefore recommend that you act as quickly as possible by instructing specialist employment solicitors to protect your position and advise you fully on your prospects of success.
You must also notify the Government’s free and impartial employment dispute advisory service: the Advisory, Conciliation and Arbitration Service (“ACAS”) to commence the compulsory Early Conciliation Process (“ECP”). ACAS are not a firm of solicitors or legal aid providers, but they will attempt to facilitate an early settlement between the parties without the need for Tribunal Proceedings.
During the ECP, the three month-limitation period to issue a Claim Form ET1 is suspended. If ECP fails, ACAS will issue the parties with a Certificate which will give the Claimant at least one month from the date of the Certificate (depending on the timings) to issue a Claim Form ET1.