Wrongful dismissal, where to claim, County Court or Employment Tribunal?
A claim for wrongful dismissal may be brought in the County or High Court or in the Employment Tribunals. Normally an employee who wants to bring a wrongful dismissal claim in an Employment Tribunal must commence ACAS Early Conciliation within three months less one day of the Effective Date of Termination. Whereas a Claimant who wants to bring a wrongful dismissal claim in a County or High Court has six years from the Effective Date of Termination to bring a claim for the purposes of the Limitation Act 1980.
Expert employment solicitor Robert Rocker explains and answers some questions on how employers should defend a wrongful dismissal claim.
Hello everybody my name's Mark Ferron from Castle Associates and I speak to employment law experts across the country and in this short video I speak to employment law solicitor Robert Rocker and he answers questions on wrongful dismissal.
Does an employee need a solicitor to take an employer to tribunal over a claim for wrongful dismissal?
It is not necessary to have a solicitor to represent you at a wrongful dismissal hearing but it's always sensible to at least engage some solicitors to help you along the way.
Are there any time limits to bring a wrongful dismissal claim?
A wrongful dismissal claim should be brought within three months if you're bringing it in the Employment Tribunal. However, you've got the option to bring it in the courts or civil courts and therefore you have six years because it's a contract claim.
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