What you need to prove
In many unfair dismissal cases the claimant must show employment status and sufficient service, while the employer must show a potentially fair reason and reasonable procedure.
Common dismissal issues
Common problems include sham redundancy, pre-decided disciplinary outcomes, failure to investigate, inconsistent treatment, ignored mitigation, no appeal and dismissal for raising protected concerns.
How ProHearings helps
ProHearings reviews the dismissal chronology, identifies procedural weaknesses, drafts the ET1 and helps organise the evidence needed for settlement or hearing.
The unfair dismissal checklist
Key questions include: were you an employee, did you have qualifying service or an automatically unfair reason, what reason did the employer rely on, was there a fair process, was dismissal within the range of reasonable responses and what loss followed:
Procedural weaknesses to look for
Look for no investigation, no evidence, no disciplinary invite, no right to be accompanied, no chance to respond, no appeal, inconsistent treatment, ignored mitigation or a decision that appears pre-determined.
Evidence that helps
Useful documents include disciplinary letters, investigation notes, policies, appeal documents, comparator evidence, mitigation evidence, job applications and payslips showing loss.