- Have I been unfairly dismissed?
- Have I been discriminated against?
- How and where can I issue legal proceedings?
- Are there any time limits for issuing proceedings?
- Is Legal Aid available for Tribunal proceedings?
Have
I been unfairly dismissed?
You must have been employed for over a year by your employer before you
would be entitled to pursue such a case. Much will depend on the circumstances,
and for example, there has been a breach of the employers own procedures.
Advice can be sought from a solicitor, the Labour Relations Agency or
the Citizens Advice Bureau.
Have I been discriminated against?
Discrimination can occur where there has been less favourable treatment
on the grounds of gender/marital status, race, age, sexual orientation, religion or political belief
or disability.
How and where can I issue legal
proceedings?
Most employment cases are heard in the Industrial Tribunals and Fair Employment
Tribunal. The Tribunal can supply pamphlets giving some guidance on Tribunal
procedure.
Are there any time limits for issuing
proceedings?
In most Tribunal proceedings, an IT1 Tribunal summons must be issued within
three months from the date the of action arose, for example the date of
dismissal or redundancy. Where a grievance has been lodged the time limit can be extended by a short period but advice should be sought urgently. For employers there is a strict time limit for lodging a defence.
Is Legal Aid available for Tribunal
proceedings?
Legal Aid is not available in the Tribunal and legal representation is
funded in some cases by the Equality Commission. In others,household insurance
can be available for example, if there has been a breach of contract,
which could include the employment context.
