Advertisement Feature - What to do if you lose job unfairly.

For most people, being dismissed from their job is an extremely worrying time and in particular for their financial security.

At Browell Smith & Co, we receive many calls a week from people asking if they can bring claims for unfair dismissal in the Employment Tribunal.

Below we've set out the essential guide to unfair dismissal and the Employment Tribunal.

NYou must be an employee:

For most people this isn't a problem. However, some industries such as construction use self-employed contractors and they cannot usually claim unfair dismissal.

NYou must have had at least one year's continuous service:

This requirement prevents many people from making a claim. There are some limited exceptions to this rule, for example, in discrimination cases.

NYour former employer's procedures used to dismiss you must have been unfair:

Usually, if an employer dismisses an employee without using a disciplinary procedure, the Employment Tribunal will find the dismissal was unfair. If the employer has used a procedure, the tribunal will then look at whether the employer's actions (or lack of them) amounted to an unfair dismissal.

NYou must have been dismissed within the last three months:

Claims to the Employment Tribunal must be made within three months of the date the employee was dismissed. The tribunal very rarely allows claims to be made after the time limit has expired.

The Employment Tribunal. What exactly is it and what happens?

If the employer does not agree to settle the claim with the employee, the claim will be heard by the Employment Tribunal.

A tribunal panel normally consists of three people. The chairman sits in the middle and runs the proceedings. He or she is either a solicitor or a barrister.

Sitting either side of him or her are representatives from the employee's and employers' sides. Usually, they are trade union officials and human resources managers respectively.

The panel hears evidence from both parties. Unlike a court, witnesses are allowed to read their evidence from a previously-prepared written statement.

A well-prepared statement is vital to the success of any claim as it sets out the employee's version of events. The other side can then ask the witnesses questions about their evidence, like cross-examination in a court. Usually, the members of the panel will ask detailed questions as well.

The panel will also look at any document both sides have produced. Often documents contain important evidence about when and why things happened. The panel will expect any documents to be in a folder or bound together, complete with page numbers and an index.

After hearing the evidence, the panel will hear representations from both sides. If lawyers are representing the parties, then these representations will usually involve legal argument, with law cases being put before the panel.

These arguments can often be complicated as employment law is one of the most complex areas of law. The panel will often have to consider European Union law and law under the European Convention on Human Rights as well as UK law.

The panel cannot just decide a dismissal was unfair. It has to make its decision after considering a number of legal tests. It will do this after hearing all the evidence and the parties' representations.

If the employee is successful, the panel will award him or her compensation for such things as loss of earnings. The current limit for compensation is pounds 53,500.

Is Legal Aid available for legal representation in the Employment Tribunal?

In England and Wales, legal aid has never been available for legal representation in employment tribunals, although it is available in Scotland. If a case needs to be appealed to the Employment Appeals Tribunal in London, then legal aid is available.

Is there an alternative?

At Browell Smith & Co, we offer `no win, no fee' funding for claims we think are likely to be successful. If we win the claim, then we charge a percentage of the compensation which we recover. We also offer payment on an hourly basis.

Are there any risks?

Unlike courts, tribunals do not usually order the loser to pay the winner's legal costs. However, they do have the power to order costs if a claim has been brought unreasonably, vexatiously or is misconceived.

In its annual report for 2002/2003, the Employment Tribunals Service reported that out of 99,000 applications made nationally to the Employment Tribunals, legal costs were only awarded in 998 cases.

If you think you qualify for unfair dismissal or any other employment claim, please contact Browell Smith & Co on Freephone [phone]. One of our specialist employment law solicitors will be happy to discuss your case with you.