Going for Unfair dismissal - but from when?

planetmaker

I understand you have 3 months to apply for Unfair dismissal from the date you were dismissed.
However if you have appealed against this decision, does the the 3 month window to apply for Unfair disissal begin from the original date you were dismissed or the date that the appeal was rejected?

For example
Sept 6th - officially dismissed
Sept 24 - dismissal appealed
Nov 9 - appeal hearing - adjurned to seek medical advice - ongoing

So will it mean I have to approx 7th December to make a claim for unfair dismissal - without even knowing the outcome of the hearing?

Or if the appeal fails do I then have 3 months to apply for unfair dismissal?



Thanks in advance.

Jarndyce

planetmaker wrote: »

I understand you have 3 months to apply for Unfair dismissal from the date you were dismissed.
However if you have appealed against this decision, does the the 3 month window to apply for Unfair disissal begin from the original date you were dismissed or the date that the appeal was rejected?

For example
Sept 6th - officially dismissed
Sept 24 - dismissal appealed
Nov 9 - appeal hearing - adjurned to seek medical advice - ongoing

So will it mean I have to approx 7th December to make a claim for unfair dismissal - without even knowing the outcome of the hearing?

Or if the appeal fails do I then have 3 months to apply for unfair dismissal?

Thanks in advance.

Your claim needs to be in by 5th December, ie within three months of the dismissal.

Uncertain

planetmaker wrote: »

However if you have appealed against this decision, does the the 3 month window to apply for Unfair disissal begin from the original date you were dismissed or the date that the appeal was rejected?

From the day you were dismissed. Technically it is three months less one day.

This is very important as the time limits are strict and tribunals only accept late claims in very rare circumstances. It is common for employers to string out appeal processes in the hope that the employee will not understand and run out of time.

It costs nothing to lodge a claim and you can do it online. You can always withdraw it if the appeal goes in your favour.

planetmaker

Uncertain wrote: »

From the day you were dismissed. Technically it is three months less one day.

It costs nothing to lodge a claim and you can do it online. You can always withdraw it if the appeal goes in your favour.

Thanks for all advice. How/where can this be done online?

Could I lodge a claim and beef it up with the evidence once its been logged or do I need to submit all evidence at the time I lodge the claim?

I didn't attend the appeal hearing on medical advice after I had a seizure brought on by the stress of being sacked and with it the financial issues.

They took two weeks to confirm they recieved my appeal letter.
They took 3 weeks to organise a hearing which was 3 weeks after that date.
They have still taken 1 week to tell me that the hearing was adjurned to seek medical advice to clarify the medical reports I submitted. (I am appealing the dismissal on medical grounds).

So it does appear they are playing a game to prevent me making an unfair dismissal claim AFTER the appeal, subject to its failure.

Uncertain

There is a great deal of information here....

http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/employment/claims/making-a-claim.htm#claim

ohreally

planetmaker wrote: »

I didn't attend the appeal hearing on medical advice after I had a seizure brought on by the stress of being sacked and with it the financial issues.

Be aware the ET process can/ will be highly stressful especially from a personal perspective. If you found the dismissal appeal too great an ordeal, an ET hearing could be a step too far. Ask others who have been through the process.

planetmaker

thanks very much for advice :beer: