unfair dismissal

[scraggy55]

Was fired for gross misconduct, wrongfully and I am thinking of challenging this. Has anyone else done this before and give me an idea of the process, is it lengthy, is it worth it? Would I have to appear at any tribunal as I am quite scared of the prospect? Was thinking of using one of those 'No Win, No Fee' companies. Has anyone ever used one and were they good, what was the outcome? Any advice regarding matters of this nature would be really useful. Thanks.

[Davethedog]

Gross misconduct is about as bad a reason for dismissal. Normaly Theft or physical abuse.

There are legal companies that will help but I don't think no win no fee people will help because they get there rather large fees off of Insurance companies and you might find that if you did win your fees might exceed your compensation.

Go to the CAB and get some legal advice before proceeding.

[one-big-letdown]

Havn't had experience, but know for a fact you should challenge this. If it was infact unfair dismissal, it will come to light through a proper appeal.

Sorry to hear about your situation, and best of look.

[factor-fiction]

What outcome would you be hoping for? Getting your job back? Compensation- how much?
What was the gross misconduct charge and what procedures were followed?

[boxtops]

How was it wrongful, scraggy - did you not have a chance to state your case?

[factor-fiction]

Good poit- do you mean WRONGFUL or UNFAIR?

[Eve]

Some important questions first, how long had you worked there and how long ago were you fired? There is a time limit on launching a tribunal case and you cannot claim for wrongful or unfair dismissal if you have been employed under 12 months unless there is discrimination (as in legally defined discrimination).

It can be very lengthy and expensive. Do you have any legal expenses insurance, say on a home insurance policy?

You would have to get a company who agreed to take the matter on on a contingency fee basis and they are only likely to take such a case on if there is a very good chance of them succeeding.

If you do have a good case then it might be possible to get a settlement so that the case does not go to tribunal but this is impossible to know, especially on the limited information given.

I'd also ask as to the basis they fired you on.

ACAS might be able to give you further advice:

http://www.acas.org.u...x.aspx?articleid=1461

[buildersmate]

Jenna
Since wrongful dismissal is based upon contract law (for breach of contract), I can't think of any reason why one needs 12 months continuous service before a claim could be made.
The same is not true of unfair dismissal for which a qualification period is required as defined in the specific employment legislation.

Any claim in respect of gross misconduct could potentially be under contract law or employment legislation, or both.

[Eve]

My apologies, getting carried away with myself! The 12 months is for unfair dismissal. Thank you buildersmate :)