Employment Law FAQs

What is Unfair Dismissal?

Unfair Dismissal is a statutory right giving employees who have two years’ service with their employers the right to bring a claim in the employment tribunal.

There are some exceptions to the two-year rule, e.g. dismissals related to pregnancy or childbirth, or dismissals for “whistle-blowing” and in health and safety cases.

Unfair Dismissal Time Limits

A claim for unfair dismissal must be issued in the Employment Tribunal within 3 months of the effective date of termination (EDT). The time limits are very strict so you should ensure that your claim is issued in plenty of time.

The EDT can be ambiguous, so if you are unsure about the time limits in your case seek immediate advice.

Please see our Unfair Dismissal Claims page for more information.

What is Discrimination in the Workplace?

It is illegal for employers to discriminate against an employee because of any of the following:-

Gender (sex discrimination)
Disability
Pregnancy
Race
Age

We provide legal advice and representation to employees who believe they have been discriminated against by an employer. Our approach is to achieve the best outcome for our clients. You will receive the legal advice you need given to you in a manner you can understand and guidance through the entire process, from start to finish.

Do you offer no win no fee or free advice in employment cases?

Unfortunately, we are unable to offer free advice or no win no fee in employment tribunal cases. If you wish to instruct us with a view to bringing a claim against your employer we would be happy to provide an estimate of costs.

What other funding options are there?

We strive to ensure that as many people as possible can have access to legal advice and assistance. Please visit our employment funding page for more details.

Where can I get free advice to find out if I have a claim?

You can contact ACAS on 0300 123 1100. ACAS is funded by the government and are therefore able to provide advice free of charge.

Your local Citizens Advice Bureau may also be able to assist. Their contact details are 0300 3309 091 (Warrington Town Centre).

Employment Tribunal Proceedings – Warrington, Cheshire

What do I need to do to bring a claim in the employment tribunal?

Before the employment tribunal will accept your claim it is necessary in most cases to obtain an Early Conciliation Certificate from ACAS. You must do this within the 3 month time limit allowed for issuing your claim in the employment tribunal.

You will need to prepare and file a claim form that should be as thorough as possible. Failure to do so could mean that the Employment Tribunal rejects your claim.

For more information visit http://www.justice.gov.uk/tribunals/employment.

Can I bring a claim myself without legal representation?

The short answer is yes. However, employment law is very complex, and proceedings can be time-consuming and stressful. Added to this is the fact that employers almost always instruct lawyers to defend the case and represent them at the hearing. The majority of Claimants therefore choose to instruct a solicitor to prepare their case.

Why should I choose DSM Legal Solicitors?

We will give you honest advice about prospects of success.
We will give you the best advice we can about the costs of bringing a claim.
We will always act in your best interests.

Legal advice from expert employment tribunal lawyers

It is essential to seek assistance as soon as you have made the decision to make a claim. Call us on 01925 937070 for expert advice.

Alternatively, we would be happy to discuss funding options with you prior to carrying out any work on your behalf. Simply email us at info@dsmlegal.co.uk with a summary of your claim (please include relevant dates) and why you believe you have been unfairly dismissed and/or discriminated against. We will then contact you (either by email or telephone) with our response as soon as possible.