How To Win an Employment Tribunal for Unfair Dismissal

You might think dismissal by your former employer is unfair. But your case needs to pass certain legal tests to win an unfair dismissal judgment at an Employment Tribunal.

For a start, not everyone can bring a case to an Employment Tribunal. You must be considered an employee and have a contract of employment. If you are self-employed, an agency worker or on a zero-hours contract, you do not have the right to bring an unfair dismissal claim.

Additionally, you must have worked for your employer for a minimum of two years of continuous service before being terminated with a letter of dismissal. Without this, you cannot bring a claim.

You must file a claim for unfair dismissal within three months of the dismissal date. If you are eligible to claim for unfair dismissal, have your case assessed by an employment law specialist who can advise you on the likelihood of success.

You can help a legal expert give you better advice by keeping an accurate record of everything that has happened, including a timeline and a full documentary record. It’s easier to gather evidence at the time rather than later on. These details will form part of your witness statement and will be crucial to your case.

Taking a strategic approach is essential to success in any litigation or dispute, including an unfair dismissal claim. Once your claim form has been submitted, and a Schedule of Loss sent to the other side your claim will have been set out in full. It can be important and useful to all parties to try to settle the claim early, when costs are lower. Employers often want to minimise their costs and exposure and you will want to avoid wasting time and costs if they can be avoided. You may be able to enter into a settlement (formerly a compromise agreement) before proceedings begin or as soon as possible if an agreement can be reached.

A settlement agreement (formerly a compromise agreement) in employment law is an agreement between the employer and an employee which is legally binding and drafted and advised on by a solicitor. A settlement agreement compensates the employee in return for their undertaking to settle and abandon their claim and any potential future claim for unfair dismissal. For this reason employers like these types of agreement as they give certainty and finality. From an individuals perspective obviously there is a positive outcome is a successfully concluded result.

The ‘consideration’ in the agreement can extend beyond financial provision. It may include a positive or at least neutral employment reference which can also be useful.