Frequently Asked Questions
Employment
I have been working for my employer for 8 months and today he dismissed me. Can I claim unfair dismissal?
Unfortunately no. In most cases you need to have one year continuous employment before you can bring an unfair dismissal claim. There are some cases where you don’t need to be employed for one year, for example if you are dismissed for being pregnant or complaining about health and safety problems.
I have been employed in the same place for 10 years. When I arrived for work this morning I was told that my place of work was closed and my employers had gone bust without enough money to pay redundancy payments. Can I do anything?
Yes. If a liquidator has been appointed you will be able to claim your redundancy payment, notice pay, holiday pay and any unpaid wages from the Government through the Redundancy Payment Service, although you might not get everything you are owed because there are limits on the amount that will be paid.
My employer keeps taking £10 out of my wages every week saying that the money is to cover an item I damaged at work. Can he do that?
It normally depends on whether you have signed a form allowing your employer to deduct the money or whether your contract of employment contains a clause that allows him to deduct money from your wages to pay for damaged items.
I was dismissed from work on the 21st January. When do I need to make a claim to the Tribunal for unfair dismissal?
A claim for unfair dismissal must be made within 3 months of the dismissal so any claim for unfair dismissal has to be received by the Tribunal on or before the 20th April.
Where do I get a form to make a claim to the Employment Tribunal?
The Tribunal will only accept claims on the correct form. The form is available from the Tribunal’s offices, the Jobcentre or is available on the Tribunal website (www.employmenttribunals.gov.uk). If you do not use the right form your claim will be rejected and you will have to resubmit it on the correct form.
I took my former employer to the Tribunal and won but they are refusing to pay the compensation. What can I do?
You can register the award at the County Court and then use the County Court’s methods of enforcement, such as the bailiffs, to recover the award.
