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Disputes and tribunals - Frequently asked questions

• I've just been sacked / made redundant. I don't think it's fair. What can I do?
• How much can I expect to receive?
• How long will it take?
• What will it cost me?
• How else can the costs be met?
• What are my chances?
• What information do I need to prepare?

I've just been sacked / made redundant. I don't think it's fair. What can I do?

This will depend on what happened to you and how long you have been employed by your employer.

For all employees, no matter how long they have been with an employer, they can only be disciplined or sacked according to the terms of their contract of employment and any disciplinary and grievance procedures which operate under it. If you do not have a contract of employment, then certain reasonable terms will be implied by law. As of 1 October 2004, there are also statutory grievance and disciplinary procedures which companies must operate and which you must also adhere to if you wish to make a claim.

If you have been sacked without notice and the contract does not allow for this then you make a claim to an Employment Tribunal for what is called wrongful dismissal - essentially breach of contract. However, if you have cause to make such a complaint, the amount you can expect to receive will only be the payment for the notice period you should have received.

If you have been employed for a continuous period of more than 1 year with the same employer, then you have a statutory right not to be unfairly dismissed. This can mean that you can recover an award for the fact of the unfair dismissal and you can also recover a sum if you lose any future earnings or benefits as a result.

How much can I expect to receive?

There is presently a limit on awards of £65,200, which is updated annually. Indeed if you were sacked as a result of discrimination then there is no limit to the claim. However, be warned. In practice, the vast majority of settlements are well below that figure. Indeed, there are many tribunals which have not awarded anything near the £65,200 figure.

How long will it take?

Taking a case to an employment tribunal can be very fast. But you have to move fast as well. If you wish to make a claim then there are strict time limits. For example, a claim for unfair dismissal must be made within 3 months of the date of your dismissal. This is an absolute bar although this can be extended in limited circumstances under the new statutory grievance procedure. Most cases will be heard within 5 months of issue.

What will it cost me?

Unlike other court proceedings you cannot generally recover your own costs from the other side. In the vast majority of cases, fees will have to be met by you privately or through payment out of the award.

The circumstances in which costs can be awarded are limited. Principally where the claim made has no merit and was pursued unreasonably or where the conduct of the party is totally unreasonable.

How else can the costs be met?

Solicitors in employment tribunal proceedings are now allowed to enter into a contingency fee agreement - a true no-win, no-fee agreement. This means that the lawyers take on the risk of the case. Mowbray Woodwards are able to offer such schemes schemes in appropriate circumstances. If you don't win, we don't get paid. If we do win then you agree to pay us a percentage of your compensation award.

As costs are not awarded to the other side in such cases, the insurance which would pay for the other side's fees is not available. A costs award can at present only be made against you if your claim is considered to be frivolous by the Tribunal.

What are my chances?

These depend on a number of factors; the most important are usually the terms of any employment contract and any conduct by yourself which may have been alleged to have been responsible for your dismissal. Rest assured that Mowbray Woodwards carry out a full risk assessment to balance the available factors, including the possible affect of information neither of us are aware of at the outset.

What information do I need to prepare?

The initial information we need is your name, address, telephone number, date of birth and national insurance number.

We will also need any documentation you have been given e.g.

• your contract of employment if you have one.
• any written statement of terms and conditions
• any grievance procedure which is operable under the contract.
• details of any warnings you may or may not have received.
• wage/salary slips are very important.

we will also need to see details of any jobs you have applied for since being dismissed.