Unfair dismissal can blight your career indefinitely but with the right legal advice you could be compensated for every penny you lose in earnings.
The point was emphasised in one recent case involving a middle-aged finance director who found herself out of a job after she was persecuted for whistleblowing.
The woman raised concerns over the chief executive officer of the company where she worked in respect of a share deal. She ultimately resigned, but her complaint that her constructive dismissal was unfair, under the Employment Rights Act 1996, was upheld by an Employment Tribunal (ET).
The ET ruled, though, that a two-year cut off should apply to her future loss of earnings claim on the basis of medical evidence suggesting she would by then have recovered from the trauma of her dismissal.
However, the Employment Appeal Tribunal (EAT) upheld her challenge to the decision, noting that the woman was in her 50s and was unlikely ever again to achieve such a senior position, nor such a salary. Her recovery was not expected to be complete even after two years of rehabilitation.
The EAT found that her loss of earnings arising from her dismissal would continue throughout her working life. The case was sent back to the same ET for the value of her claim to be reassessed upwards.
How can our Employment Law Solicitors help you?
If you have been unfairly dismissed from your job, or if you have been treated in a way that gives you no alternative but to leave (constructive dismissal), Gotelee’s team of specialist employment solicitors can help you.
Whether the issue is about your performance, an allegation of misconduct, your health, redundancy or something else, your employer must follow a fair procedure.
We can help you assess whether the reason to dismiss you was fair or if the procedure followed was flawed.
It is important to act quickly because you only have a limited time in which to make a claim of unfair dismissal.
We will try to negotiate a settlement without the need to start an Employment Tribunal claim. If negotiation is unsuccessful or does not achieve an offer of compensation which fairly reflects the losses that you are likely to suffer, you can rest assured that our solicitors are experienced tribunal advocates.