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The 12 month rule in unfair dismissal cases

 

No win No fee compensation solicitors

If you have been the victim of an unfair dismissal but have not worked for your employer for longer than 12 months you may still have a chance of obtaining compensation provided that you fit the criteria described below.

Our dedicated team of solicitors are available to talk to you today about your case. Please read our information and advice pages if you wish to learn more about this area of law or telephone us NOW for immediate advice and assistance. 

 

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Some of the main exceptions to the 1 year rule

  • Dismissal for trade union membership,

  • Dismissal for failure to accept an unlawful inducement by an employer to relinquish trade union rights or to disapply collective agreements;
     

  • Dismissal for having sought, in good faith, to exercise a statutory employment protection right;
     

  • Dismissal for taking, or proposing to take, certain specified types of action on health and safety grounds.
     

  • Dismissal on maternity related grounds.
     

  • Dismissal related to paternity leave
     

  • Dismissal related to adoption leave
     

  • Dismissal on grounds related to the right to request flexible working arrangements
     

  • Dismissal of a shop worker or betting worker for refusing, or proposing to refuse, to do shop work or betting work on Sundays 
     

  • Dismissal for qualifying for the national minimum wage or seeking to enforce a right to it
     

  • Dismissal for exercising rights under the Working Time Regulations 1998
     

  • Dismissal for making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998
     

  • Dismissal for performing, or proposing to perform, any duties relating to an employee's role as an employee representative or as a candidate to be a representative of this kind or for participating in the election of such a representative
     

  • Dismissal for taking lawfully organised official industrial action lasting twelve weeks or less (or more than twelve weeks, in certain circumstances).
     

  • From 6 April 2005, dismissal on grounds relating to the Information and Consultation of Employees Regulations 2004 for undertakings with 150 employees (from 6 April 2007 for undertakings with 100 employees and from 6 April 2008 for undertakings with 50 employees);

  • From 6 April 2005, dismissal on grounds relating to jury service;

  • From  1 October 2006, dismissal in connection with a meeting to discuss a request not to retire. See our age discrimination pages.

 


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Read More or make an enquiry
 

Unfair dismissal compensation

 

Who can complain of unfair dismissal?

 

Who cannot complain of unfair dismissal?

 

What is a fair dismissal

 

Time limit unfair dismissal

 

How do I calculate what my dismissal claim is worth?

 

Email: info@winstonsolicitors.co.uk

 

Telephone on 0113 268 8898 to speak to a specialist solicitor. Or if you are calling from outside the area, use lo-call 0845 890 2277. We are open Monday to Friday, 8.30am to 5.30pm.

 

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