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 two years continuous employment before you can bring an unfair dismissal claim. There are some cases where you don’t need to be employed for two years, 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. However, ACAS Early Conciliation has now been introduced so the date the claim is to be received by the Tribunal will be extended. The new limitation date will depend on a number of factors including the length of the conciliation process.

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.justice.gov.uk/tribunals/employment)

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.

Employment Solicitors Newcastle, Employment Law Solicitors Newcastle

Employment

As specialist employment law solicitors, Beecham Peacock can advise you on any number of issues, including your contractual rights, grievance and disciplinary issues and what to do in the event you suffer discrimination, harassment or dismissal during your employment.

Beecham Peacock are here to help with all of your Employment Law problems.

Beecham Peacock can also assist in areas of specialist employment law, such as pursuing equal pay claims; securing maternity, paternity, parental and dependent carer’s rights.

Beecham Peacock is trusted by some of the largest trade unions in the country to handle their employment law matters, so you can be confident you are in very capable hands.

If you need details around pricing, download and review our Fee’s information HERE

Please contact us at our Newcastle office on 0191 232 3048 if you have any matters you want to discuss.

Meet our Employment Team

Sara Devennie, Associate Solicitor
Sara qualified as a solicitor in 2000 joined Beecham Peacock in April 2008. She specialises in all aspects of Employment Law including discrimination, settlement agreements, grievance and disciplinary procedures, unfair dismissal, redundancy, confidentiality agreements, restrictive covenants, working time, wages, maternity and parental rights, resignation, employment status and contracts, and Trade Union rights. Sara provides advice and assistance to individuals who have encountered problems with their employers, and to trade unions and their members. Sara provides advice and representation at the Employment Tribunal at all stages, including Judicial Assessment and Mediation Hearings.

Sara has provided employment law training to some of the UK’s largest Trade Unions, their Officers and members, along with a number of local and national businesses. She has regularly appeared in the media with comment on topical employment law issues and regularly blogs and tweets on recent developments.

Sara has previously advised employers, and this gives her the advantage of being able to consider both sides of an employment issue, enabling her to provide proactive and measured advice, in order to obtain the desired outcome for her clients.

Sara is a member of the Employment Lawyers Association, Law Society, Industrial Law Society, Employment Tribunal User Group, and sits on the committee of the Women Lawyers Division of the North East Law Society.

Anna Harbinson, Paralegal
Anna has worked in Employment Law since 2007, initially specialising in large scale equal pay litigation and then moving into advising on the broader spectrum of employment law issues. She joined Beecham Peacock in 2013, having completed her LLB with Honours at Newcastle University and Legal Practice Course at Northumbria University.

Anna has a detailed knowledge and understanding of employment law. She provides practical legal advice in an empathic way, to help clients to better understand their legal rights and to assist them to enforce them.

Maureen Charlton, Support Staff
Maureen provides assistance and administrative support to the Employment Team. If you have an employment matter with the firm you will almost certainly speak to Maureen, and thanks to her experience with the department she will be happy and able to assist.”

FAQ's

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 two years continuous employment before you can bring an unfair dismissal claim. There are some cases where you don’t need to be employed for two years, 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. However, ACAS Early Conciliation has now been introduced so the date the claim is to be received by the Tribunal will be extended. The new limitation date will depend on a number of factors including the length of the conciliation process.
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.justice.gov.uk/tribunals/employment)
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.