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How to Start an Unfair Dismissal Claim?

To bring a claim for unfair dismissal, you must ensure that you qualify to be able to bring a claim by having the appropriate period of continuous employment with your employer or fall within a number of the agreed exceptions to this. All employees have to have been employed for 2 years, or 102 weeks plus 2 weeks of statutory notice before they are able to bring a claim. It is very important for all Claimants to check with whether you are able to bring a claim to avoid it being struck out by the Employment Tribunals or worse still have a costs award being made against them Claims such as discrimination, whistle blowing and unlawful deductions from wages do not have a qualifying period.

Claimants need to check that they are choosing the appropriate venue for bringing their claim, a purely contractual claim or one for harassment might be best filed in the civil courts although generally the Employment Tribunal is where the majority of claims are filed. Unfair dismissal claims for example must be filed in the Employment Tribunals.

Filing a claim involves completing an ET1 form which is essentially a tick box form and then including a “grounds of claim” with this which is a detailed narrative of the background of the claim and why it is considered to be unfair dismissal. Great care must be taken to include all relevant information into the grounds of claim section since it is very difficult to apply to amend the claim form after it has been filed.

After 29th July 2013 you will also have to pay an issue fee when you issue your claim.

Claim forms are sent to the Employment Tribunal by email, fax or post, if it is a claim for unfair dismissal the claim form must be received by the Tribunal 3 months less 1 day from the date of dismissal. For example an employee who is dismissed on 10 January must being a claim on or before 9 April.