Friday, 18 September 2015

Unfairly dismissed? Take advice now!

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I had a call from a gentleman today who explained he had been unfairly dismissed by his employer.  The circumstances he described were truly awful and I couldn’t help but feel very sorry for him.  However, as we discussed the situation it became clear his dismissal was almost a year ago.  I was very sorry to have to explain to him the Employment Tribunal time limits and that, although he would have had an excellent claim for unfair dismissal, there was very little we could do as his claim was “out of time”.

Obviously he was extremely upset.  He had been told by friends that he had three years to submit a claim for unfair dismissal and I had to explain that in actual fact the time limit at the Employment Tribunal was three months.  I suspected his friends might have been thinking of a different type of claim (for example, breach of contract) so I understood their mistake, but this didn’t help his situation.  We did discuss that the Employment Tribunal deadline could be extended by up to a month through the ACAS Early Conciliation procedure, but again, unfortunately, this didn’t help him.

He had taken advantage of LincsLaw’s free telephone consultation, so we did not add insult to injury by charging him for bad news.  I was only sorry he had not contacted us as soon as he was dismissed.  Had he done so, I was sure we could have helped and brought a claim before the Employment Tribunal for him.

The call got me thinking about how many people have been given well-meant but incorrect advice about their workplace issues.  When considering time limits such advice could be fatal to their claim.  If you are in difficulties with your employer or have been dismissed, it is imperative you take advice as soon as possible.  For more detail about time limits at the Employment Tribunal, please visit our website at or call us for a free, no obligation consultation on 01522 539501.

Sally Hubbard


Sally Hubbard

Sally is a Lincolnshire girl through and through and has lived in Lincoln her whole life (apart from a brief spell when she went to university in Nottingham, but we don’t talk about that). She began her career with Lincolnshire County Council qualifying as a solicitor in 1996, which she believes now makes her "vintage".

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