If you lose your job and you believe you shouldn’t have, you may be able to make an unfair dismissal claim. But many people don’t do this because they are afraid that claiming against their employer will stop them from progressing in their career. 

There are many reasons you may need to claim against your employer, including unfair dismissal, stress at work, harassment and bullying, or even an accident in the workplace. The most common reason an employee might make a claim is due to unfair dismissal.

The good news is that claiming against an employer won’t affect your future career options, and in this article, we will explain why.

 

Unfair Dismissal Claims

If you are let go from your job and you believe your employer did this for an invalid reason, then you may have grounds to make a claim for unfair dismissal. If you have been an employee for at least two years, and your employer dismisses you where there is no fair reason, or the reason wasn’t enough to justify dismissing you, then you may be a victim of unfair dismissal.

There are also conditions that are known as automatically unfair dismissal. Automatically unfair dismissal does not require two years service to be applicable. Automatically unfair dismissal includes:

• An employee making a flexible working request
• Being pregnant or on maternity leave
• Wanting to take family leave, for example parental, paternity or adoption leave
• Being a trade union member or representative
• Taking part in legal, official industrial action for 12 weeks or less, for example going on strike
• Asking for a legal right, for example to be paid the National Minimum Wage
• Doing jury service
• Whistleblowing
• An employer enforcing compulsory retirement
• An employee taking action, or proposing to take action, over a health and safety issue

 

Unfair dismissal also applies if your employer didn’t follow a fair procedure upon deciding who to dismiss. The ACAS Code of Practice is what is commonly used to determine whether your employer has followed the fair dismissal process.

If any of the following apply to you, then you may be able to make an unfair dismissal claim.

 

Claiming Against An Employer

Claiming against your employer may seem a daunting task at first, however, if you have legal assistance, it can help you shoulder the burden and stop you from going it alone. Even if you are only in the process of getting legal representation for your claim, if you are still employed by the company, it is unlawful for an employer to dismiss an employee just because they are either considering legal action or taking any legal actions against them.

Your employer should also have insurance in place, which is used to cover employee claims, so you shouldn’t hesitate to make a claim on those grounds.

Our employment law specialists have expertise in digging into the details of dismissals, and regularly uncover mistakes made by employers, which can provide the basis for successful complaints of unfair dismissal to an Employment Tribunal.

 

Why Your Claim Won’t Affect Your Career

Similarly to how your employer can’t dismiss you from your job for making a claim against them, they also can’t take any steps to ruin your career or applying for future jobs because you made a claim. 

You are still protected by employment law when applying for future jobs, and your previous employer can’t use your claim against you. Therefore, they have no legal right to tell your future employers that you claimed against them.

 

How Cavendish Employment Law Limited Can Help with Claiming Against An Employer

Whether you wish to make a claim for unfair dismissal, or a breach of employment law whilst you are still employed at a company, Cavendish Employment Law Limited can help you. As a law firm with specialist employment solicitors, we are experts at protecting and winning cases whether unfair dismissal, discrimination, ex gratia payments, whistleblowing, and more.

We will be delighted to carry out a free assessment of your case and advise you of whether you have substantial grounds to claim against your employer.

Contact our employment team on 0207 9657203

or contact us online.