The 3 Month Rule for Unfair Dismissal

The best advice is that if an employee wishes to consult a solicitor they should do so as soon as they are dismissed or suspended, this will give the solicitor time to investigate the case.

In the meantime if there is a company procedure the employee can still go through it as long as they do not miss the 3 month deadline.

Extensions to the 3 month limit have been allowed for the following reasons.

1. Where the employee has been ill.

2. Incorrect advice from Job Centre or Employment Tribunal staff.

3. Delay due to the postal service.

4. New evidence comes to light later making a claim possible.

Extensions are not available for the following:

1. The employee did not know they could claim.

2. If the employee waited for other legal action connected with the dismissal to end.

3. A solicitor or legal advisor gave incorrect advice.

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