We may act for you on a ‘no win no fee’ basis if you have been dismissed in the last 3 months and were employed for 2 years or more.
What is ‘No Win No Fee’?
A ‘No Win No Fee’ agreement allows you to bring a claim against your employer without having to pay legal costs. We will charge you a fee, normally 25% plus VAT which is deducted from any award if you are successful at the employment tribunal, or from any settlement we successfully negotiate.
What claims are covered by ‘No Win No Fee’
We may consider acting on a ‘no win no fee’ basis if you have a claim for Unfair Dismissal by reason of:
If there are allegations against you which require a formal disciplinary procedure and the employer fails to follow a fair procedure (without reasonable excuse) and you are subsequently dismissed, you may have a claim for Unfair Dismissal provided we can demonstrate that your dismissal was not proportionate.
- Sham redundancy
An employer must have a genuine reason for placing your job at risk.
There are three potential fair reasons for an employer making redundancies:
- Complete business closure;
- Site closure;
The employer must follow a fair process.
What is the criteria to bring an unfair dismissal claim?
- You must have at least 2 years continuous service with the employer;
- You must have been dismissed;
- The dismissal must have taken place within the last three months;
What is ACAS?
Before you make an employment tribunal claim you must tell ACAS. You will be offered Early Conciliation. This is a service which enables you and the employer to try resolve any problems without the need to go to the employment tribunal.
When do I need to get ACAS involved?
You must inform ACAS within 3 months less 1 day from the date you were dismissed.
Do ACAS have to be involved?
Yes. ACAS are a neutral third party who will try to resolve the dispute. They do this by discussing the issues with both parties and try to reach agreement. We would always encourage settlement outside of the tribunal since this saves a lot of time, money and effort for all parties involved. We can assist during this stage if you do not feel able to engage. If we do successfully negotiate a settlement on your behalf at this point, we would deduct no more than 25% of any settlement award to cover our costs.
What happens next?
If you have been unable to resolve the matter through ACAS, they will issue you a certificate. The certificate contains a unique reference number which you will need to cite when making a claim to the employment tribunal. You will have 1 calendar month from receipt of the certificate to make proceed with a formal claim.
To make the claim, you must submit a claim form (ET1). The employer will respond to the claim on the response form (ET3).
How long will the process take?
This is dependent on the complexity of the claim and the availability at the tribunal. The COVID-19 pandemic has caused a significant backlog of cases at the employment tribunal, therefore a delay is likely.
What happens in the meantime?
If you have been dismissed, you must mitigate your losses. You will be required to demonstrate that you are actively seeking work.
Will I have to go to Court to give evidence?
This is possible.
When we take conduct of a claim, we build a case as if it will be presented before a judge at the employment tribunal. This includes drafting a witness statement on your behalf. At the tribunal you will be called to give evidence and cross-examined (asked questions in great detail) about your employment and your evidence.
However, during the lifetime of your claim, we will always make reasonable efforts to settle the claim with the employer outside of court.
How much can I claim?
The value of your claim depends on many factors including your age, length of service and average weekly earnings.
The tribunal can make two different awards:
- Basic award:
This is calculated similar to redundancy. We take your age and length of service to determine a multiplier (a number between 1 – 30). We use this number (between 1-30) and multiply by your average weekly earnings. This is capped at £571 per week.
- Compensatory award:
This is effectively your loss of earnings. We calculate this from the date you were dismissed up to either, the date of the tribunal or the date you secured new employment, which ever is sooner. This is capped at 52 weeks (1 years) pay.
You will also be entitled to recover any notice pay plus accrued, unused holiday pay which was owed at the date you were dismissed.