Unfair Dismissal from Work Case Study

19 December 2016

Client Situation

We received a call from our client in Leicester who had just discovered he had been dismissed by his employer after 5 years’ service.

Our client informed us he had been signed not fit to work for many months due to mental health problems and only learned of his dismissal after contacting his employer by way of email following weeks of no contact.

How We Helped

Our Employment Solicitors reviewed all of his paperwork and concluded on the evidence available he had a Claim for Unfair Dismissal and also Disability Discrimination.

Due to the length of our client’s illness and the impact on his day to day life our client was afforded protection from behaviour that was discriminatory in nature.

We started ACAS Early Conciliation to try and negotiate an early settlement but the employer was not willing to participate. It transpired the employer had been writing to our client at an old address which is why he had not received any contact from them.

The Outcome

As we were confident that our client had a claim which would more likely than not succeed at an Employment Tribunal Hearing she proceeded to issue his claim.

Due to a back log of claims at the Employment Tribunal the Hearing was listed for 12 months later. In the intervening period we supported our client by drafting documents such as a Schedule of Loss and keeping him updated.

With the Hearing approaching and the employer conceding they had made some errors, we again sought to reach a settlement to avoid our client the stress and anxiety of proceeding with the Hearing.

To our client’s great relief we were able to settle his claims for £7,750 at 6pm on the last working day before his Hearing was due to begin.

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