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What Evidence Do I Need For An Unfair Dismissal Claim?

Feb 4

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If you believe you’ve been unfairly dismissed from your job in the UK, you may be entitled to bring a claim for unfair dismissal under employment law.


However, to pursue this claim effectively, you’ll need to gather substantial evidence to support your case.


Employment Contract and Written Terms


One of the first pieces of evidence you should gather is your employment contract or any written terms of employment. This document sets out the agreed terms of your employment including your job role, responsibilities and any procedures for dismissal.


  • Why is this important?


    • The employment contract often provides clarity on the grounds on which you could be dismissed and whether your employer followed the proper procedures.


    • If your dismissal contradicts your contract such as dismissing you without following the contractual terms or without notice, this can support your claim for unfair dismissal.


Dismissal Letter/Notice


You should obtain a copy of the dismissal letter or notice of termination. This letter should outline the reasons for your dismissal, the process the employer followed and any details regarding the termination date.


  • Why is this important?


    • The letter may provide evidence of whether the dismissal was for a fair reason such as misconduct, redundancy or incapacity.


    • If the letter fails to mention a valid reason or suggests that the dismissal was for an improper reason, this can support a claim for unfair dismissal.


Performance Reviews and Disciplinary Records


Another key set of documents to gather includes any performance reviews, appraisals, or disciplinary records that relate to your time at the company. These records should provide insight into your work performance and whether any performance issues were raised prior to your dismissal.


  • Why is this important?


    • If you were dismissed for performance-related reasons, the employer should have given you feedback and an opportunity to improve.


    • If you had no prior warnings or documented performance issues, it could suggest that your dismissal was without cause or that the dismissal process wasn’t followed properly.


Disciplinary or Grievance Procedure Documentation


Employers in the UK must follow fair disciplinary and grievance procedures when dismissing an employee. This typically involves warning the employee of the issue, providing them a chance to respond and allowing them to appeal the decision. Documentation of this process is essential.


  • Why is this important?


    • If the employer didn’t follow their own disciplinary or grievance procedures or failed to offer you an opportunity to appeal, it could make the dismissal unfair.


    • Evidence of procedural fairness is critical in proving that your employer didn’t take the necessary steps to ensure a just dismissal.


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Witness Statements


Witness statements from colleagues or others who were present during your dismissal or who have knowledge of the circumstances leading to it can provide important support for your case.


  • Why is this important?


    • Testimonies from colleagues or witnesses can help demonstrate inconsistencies in the employer’s reasoning or show that your employer did not have a fair or reasonable basis for the dismissal.


    • Witnesses may also provide evidence that your dismissal was part of a discriminatory or retaliatory act.


Emails, Letters, and Other Communications


Any emails, letters or other written communication between you and your employer regarding your dismissal or any issues related to your work performance can provide crucial evidence.


  • Why is this important?


    • Communication such as warning emails or records of your responses may show that you were not given a fair opportunity to improve or address the issues leading to your dismissal.


    • These records might also reveal any inconsistencies in the employer’s decision-making process.


Company Policies and Procedures


Many companies have formal policies and procedures related to dismissal, conduct, and performance management. These policies outline the steps the employer must take before terminating employment.


  • Why is this important?


    • If the employer’s policies were not followed correctly or if the dismissal deviated from company protocol, this could strengthen your case for unfair dismissal.


    • You should check whether the employer adhered to the rules set out in their own employee handbook or code of conduct.


Timeline of Events Leading to Dismissal


A clear timeline of events leading up to your dismissal can be essential in understanding the context of your claim. This should include key events such as meetings, warnings and any actions taken by you or the employer that led to your termination.


  • Why is this important?


    • A well-documented timeline can show whether the dismissal was sudden or unexpected and whether you were given a fair chance to address any issues.


    • It may also help you identify if the dismissal was retaliatory, particularly if it occurred shortly after you raised a grievance or participated in a protected activity (e.g., whistleblowing).


employment rights

Evidence of Discrimination or Retaliation


If you believe your dismissal was based on discrimination or retaliation (e.g., due to your gender, race, age, or because you made a complaint), you’ll need evidence to support these claims.


  • Why is this important?


    • Discrimination or retaliation is a form of unfair dismissal. Evidence such as discriminatory remarks, unequal treatment compared to others or a pattern of retaliatory behaviour can strengthen your case.


Conclusion


An unfair dismissal claim can be a complex process. The evidence you provide plays a crucial role in determining whether your dismissal was fair or not. 


If you're uncertain about the evidence you need or how to proceed with your claim, contact us seek advice from an employment specialist. This will help ensure you’re fully prepared to present your case at an Employment Tribunal if necessary.

 

Call a specialist employment lawyer  


Magara Law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. 


For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.





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