We’ve Got You Covered
We focus on assisting employees who have faced unfair dismissal. Understanding the impact of such an event, our team offers expert legal guidance and representation to challenge wrongful terminations. We’re committed to helping you navigate through the complexities of unfair dismissal claims to seek justice and fair compensation.
Karena Nicholls
Partner
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Unfair Dismissal Claims
Unfair dismissal refers to an employment dispute when an employee has been dismissed from their job in a harsh, unjust or unreasonable manner. These types of claims can also include when an employee claims they were forced to resign or that redundancy was not genuine. If the employee has a successful claim, they will be entitled to remedies such as compensation or reinstatement.
Limitations to Unfair Dismissal Claims
There are limitations for making a claim, which include length of service, employment status, the nature of the company and statutory time limitations. Employees have 21 days from the date of dismissal to file a claim. There may be an exemption to the time limitations in exceptional circumstances. To ascertain whether you fit within the limitation period or can apply for an exemption, please contact us at Coutts so we can assist.
IMPORTANT: An employee can only bring one claim either through unfair dismissal or general protections/adverse action.
Have I been dismissed?
A person has been dismissed if:
- They have been terminated at the initiative of the employer
- They have forcefully resigned due to the actions of the employer
If you have been dismissed, and feel as though your dismissal was harsh, unjust, or unreasonable you should seek legal advice immediately. The Employment Law Team at Coutts appreciates that this can be a difficult and stressful time and can assist you with navigating this change in your employment circumstances.
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What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.
Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
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Unfair Dismissal FAQ’s
Unfair dismissal is when an employee is let go from their job in a manner that is considered harsh, unreasonable, or unjust. It can also encompass situations where the employee feels they have no other option than to resign due to the employer’s actions.
Yes, you can claim unfair dismissal if you believe your redundancy wasn’t genuine or was executed in an unjust manner.
You’ve been dismissed if your employment has been terminated by the employer or if you’ve resigned but felt pressured to do so due to the employer’s conduct.
Generally, you have 21 days from the date of dismissal to file a claim. In certain exceptional situations, there might be exemptions to this time limit.
There are specific limitations, including the length of service, employment status, and company type. It’s essential to speak with a lawyer to determine your eligibility.
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