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Employment Tribunal Claims For Unfair Dismissal

Unfair Dismissal (Automatic Unfair Dismissal – Health & Safety)

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I recently concluded an Automatic Unfair Dismissal claim for a client with less than two years of employment service. Read on to see how I helped my client

My Client’s Story

My client had worked for their employer for short time after being “head hunted” to join the company. During their employment they had a clear disciplinary record and despite their relatively short service, they had a wealth of industry experience and knowledge. In the weeks prior to their dismissal, my client had raised several health and safety concerns about issues within the workplace. After raising these concerns (which formed part of their job description), my client was shouted at, and, later, dismissed without any proper process or reason.

How I Helped

My client spoke to me after their dismissal through our free telephone enquiry service. Initially my client was very subdued telling me they had been on the internet and were aware they could not pursue a claim for Unfair Dismissal without 2 years of service. I agreed with my client that in most Unfair Dismissal cases, an employee would need 2 years of service. However, if the dismissal was because of raising health and safety concerns, (or making other disclosures which are protected by law) as in their situation, they could pursue a claim for Automatic Unfair Dismissal even with short service.

My client decided to book in for what we term a Fixed Fee Consultation appointment. For more information about these appointments, please see our website at https://lincslaw.co.uk/fees/employees/

During the appointment I took my client’s instructions on the evidence and advised that in my view, their dismissal was automatically unfair because of the health and safety concerns reported. As a result, they could pursue their claim even without 2 years of service. Once I established that my client had a viable claim, I assessed the value of the claim, their time limits, their funding options, and the immediate next steps advice. All my advice was confirmed in writing.

Once my client reviewed my written advice, they took the decision to instruct me to act on their behalf. I prepared a detailed appeal against dismissal and commenced ACAS Early Conciliation on their behalf. More information about ACAS Early Conciliation is available on our website at https://lincslaw.co.uk/blog/acas-early-conciliation-the-first-step-in-bringing-an-employment-tribunal-claim/ Through the ACAS Early Conciliation process the employer unfortunately made clear they would not reinstate my client, nor would they engage in any settlement discussions. 

Considering the above, my client instructed me to issue proceedings in the Employment Tribunal. By this time, and having discussed all their funding options, my client was able to secure payment of their legal fees from their legal expenses insurer which formed part of their home insurance. This funding gave my client the confidence and peace of mind to press on with what became a relatively long-winded process.

Almost a year after lodging the claim and after completing several Employment Tribunal case management orders, a positive settlement was agreed. My client received a significant compensation payment which more than covered their loss of earnings, along with an agreed reference. 

Lincs Law Employment Solicitors Can Help You

If you are experiencing difficulties at work or have been dismissed, please contact us for a free, no obligation consultation with one of our fully qualified employment solicitors. Simply call us on 01522 440512 and we will be happy to help.

Sophie Goodwill, Director & Specialist Employment Solicitor