Everybody has a right to work. Still more, it’s your right to be treated fairly at the place of work. If you are unfairly dismissed, it’s your right to file a case. Thus, don’t keep quiet. Safeguard your rights today. Here are key things you should do after being unfairly dismissed.
Resolve With Your Boss
Consider talking with your boss. Don’t make a formal complaint before talking to your boss. Reason out with him/he. Try to find out why you were dismissed. Suggest options. Don’t rush. Be patient and respectful. Be calm when talking with your employer. Remember, this isn’t the end of life. Leave emotions out of this. Propose reconciliation. A specialist can try to reconcile you with your employer. You can also try arbitration.
Be sure to keep all forms of communication with your employer. Things like emails, correspondence letters, telephone conversations, etc. should be kept. Keep all notes.
Usually, you should prove that you have a one-year service before making a formal complaint to your Tribunal. However, if the dismissal was based on an unfair reason, you have the right to lodge a complaint. It doesn’t matter how long you have been working.
Your complaint should be made within 3 months of your unfair dismissal. Here are instances where you cannot make a complaint:
If you are a worker, you cannot make a complaint. It’s only employees who are entitled to make complaints about unfair dismissal.
People working in the department of armed forces cannot make complaints after unfair dismissal.
- Self-employed people cannot make complaints
- If you are working as a temporary worker, you cannot make a complaint.
- Share fisherman cannot make complaints
- Officers working for the police service cannot make complaints
Both parties may agree to resolve the matter amicably. Here, an agreement will be drawn. In the agreement, you will be prohibited from making a complaint. In this case. The compromise agreement is binding. Thus, you cannot take your case to the Industrial Tribunal.
You can take your case to the Industrial Tribunal. There are two options here—win or lose the case. If you win, the tribunal will award you compensation. In some cases, the tribunal will give you an opportunity to get back to work. If you accept this arrangement, the compensation will be lowered.
Unfair Dismissal Claims
The claim consists of the following elements:
Basic Award—the basic award takes into consideration your age, service length, etc. They will calculate the compensation based on these factors. However, the amount awarded is based on a particular maximum limit.
Compensatory award—This is subjected to a maximum limit stated by law.
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The employment law is very clear—workers should be fairly treated. If you are unfairly treated, it’s important to seek justice. This includes hiring a lawyer and taking your case to the court. The above guide contains things you should do after being unfairly dismissed.