4 Simple Steps To Help You Win Your Unfair Dismissal Case
30 MAR 2022
If your employer has dismissed you from your employment and fair procedures have not been followed, you may bring a claim for unfair dismissal. As a team of unfair dismissal solicitors, there are a number of simple steps to help you win your case.
1. KEEP DETAILED RECORDS
You should keep detailed records of EVERYTHING in relation to your employment and dismissal. This will help your solicitor to understand and prepare your case and will also act as an aide memoire when the case goes to hearing. Such information might include:
- A timeline of events leading up to your dismissal. This not only helps paint a picture for your solicitor but it may also reduce the overall time involved in preparing your case which will in-turn reduce the cost.
- Your contract of employment, staff handbook(s), and any other documents that you received when you began your employment.
- All letters or notes that you received during your employment – especially those relating to your dismissal or conduct during your employment.
- All written records (such as minutes, notes or diary entries) of any meetings you attended. Important information to keep includes details such as when and where these meetings took place, the people present at the meetings, and what was said to you at these meetings.
- Any other information relating to your employment – keep in mind that your legal team may not be familiar with your employer, its business, its processes or the individuals behind it.
2. TRY TO MITIGATE YOUR LOSS
Those taking legal action for damages have a duty to mitigate their loss. This legal principle simply means that if you suffer a loss, you must take reasonable action to minimise as much as possible the extent of your loss. In respect of an Unfair Dismissal claim, one of the ways to mitigate your loss in an is to obtain or try to obtain a new job and/or enrol in an educational course. This is such an important element that failure to prove that you attempted to mitigate your loss may result in compensation not being awarded.
It is important therefore that you keep all records of any such attempts, including:
- All job applications you have made – keep a record of the dates/times you applied and the job applied for.
- All CVs sent – if sent by email, keep a copy of this and the replies received. If you have handed your CV into a premises directly, keep a note of the date you did so and the name of the person you handed the CV into.
- All job interviews (when and where they took place).
- Details of any training or educational courses you have enrolled in.
3. KEEP YOUR COSTS DOWN
In Ireland, our legal system works on the general principle that ‘costs follow the event’. This means that the winning side will have their legal costs and the expenses and outlays associated with their case paid for by the losing side.
Unemployment law cases in the WRC are an exception to this rule. As such both sides remain responsible for their own costs – irrespective of who wins. That’s why it’s important to keep your legal costs down as much as possible.
There are a number of simple steps you can take to ensure that your legal costs are kept to a minimum. It follows that the less time your legal team spends on your case, the less it will cost. Here are a few simple steps to help reduce the amount of time your legal team spends on your case:
- Give your solicitor a detailed written statement of your case. This will enable them to understand your case and will reduce the amount of time they will need to prepare your case.
- Prepare all necessary documents in advance of meeting your solicitor and make sure they are not chasing you for documents or information.
- If your query can be dealt with by phone or email, do not book a physical appointment with your solicitor.
- If an appointment is required, make sure your solicitor knows in advance what your issue is and why you wish to meet them. This not only allows your solicitor to prepare for the meeting in advance.
4. IS AN UNFAIR DISMISSAL CASE APPLICABLE TO YOU? GET IN TOUCH
Since very strict time limits apply to unfair dismissal claims, it’s important that you contact our team of employment law solicitors as soon as possible.
If you feel you have been unfairly dismissed from your employment, seeking the advice of an experienced and professional employment law solicitor is therefore in your best interests. O’Brien Murphy Solicitors is that firm. If you would like to discuss how we can help you or if you would like to avail of a free, no obligation consultation, contact our employment law team on 01 8746959 or by email to email@example.com.