Sunday, December 2, 2012

How An Unfair Dismissal Lawyer Can Help You Make A Claim


If you believe that you have been unfairly let go or fired from your position (due to discrimination, bullying or blatant lies), you are able to make a claim against your employer through the employment tribunal. At the tribunal, your case will be heard by a panel of three people, each with backgrounds that allow them to make a fair and unbiased decision (such as being a trade unionist, an employer, or a qualified barrister). As the law surrounding employment can be highly complex, you have a better chance of winning if you have an unfair dismissal lawyer on your side.

With the help of your lawyer, you will need to show the tribunal that your unfair dismissal claim is valid. You will need to do this by:

Showing that you were dismissed for an unfair reason, such as being pregnant or belonging to a trade union.

OR

Showing that your employer did not follow a fair process in deciding your dismissal or they did not have reasonable cause for it.

In order to adequately prove this to the tribunal, your lawyer will need evidence that supports your case. This could be in the form of emails or even witness statements that have been provided by your colleagues. Your employer may present evidence to suggest that your dismissal was fair, but you will given the chance to challenge this.

The main reason that an unfair dismissal lawyer is so valuable during the tribunal process is that the rules surrounding the way that the hearing is held and what evidence can and cannot be admitted are very complex. Whilst you may not understand how this works at all, your lawyer will be able to explain to you why certain things are permissible and others aren't.

If you are successful in your claim for unfair dismissal, the tribunal will then award you compensation. Your lawyer may be involved in this process by providing evidence of any hardships you have suffered as the result of loss of your employment. There are two types of compensation that you may be awarded - basic (which is given as a reflection that your rights have been breached, regardless of whether you suffered hardships or not) and compensatory (which is given as a reflection of the hardships that your lawyer may have outlined).

As it is unlikely that you will have the required understanding and knowledge to make a claim with the employment tribunal on your own, it is always recommended that you garner the assistance of an experienced unfair dismissal lawyer. They will represent you at the tribunal by speaking on your behalf and presenting your case in the best way possible.

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