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A few tips on this subject


 
Can I contest a dismissal letter?

Of course! 

In case of a dismissal with immediate effect (for serious misconduct):

You have 3 months to contest the dismissal by sending a request (letter) to the tribunal, from the date you received such dismissal letter.

In case of dismissal with notice:

  • You have 1 month to request the reasons for the dismissal to the employer, from the date you received the dismissal letter. The employer has 1 month to reply, or else the dismissal will automatically be considered abusive by the tribunal.
  • You did not ask the reasons for dismissal to the employer? You have 3 months to contest the dismissal by sending a request to the tribunal, from the date you received the dismissal letter.
  • The employer did not provide the reasons for the dismissal or he did but after the 1-month delay? You have 3 months to contest the dismissal with a request to the tribunal, from the date the employer has/should have replied to you, so 1 month after you requested the dismissal reasons.
  • The employer provided the dismissal reasons within the 1-month delay? You can interrupt the 3-months delay to contest the dismissal to the tribunal, by contesting it directly to the employer, in a clear and non equivocal manner. In such situation, you then have 1 year to contest the dismissal by sending a request to the tribunal. 

In any case, it is strongly recommended that you actively look for a job as soon as you are dismissed, and above all that you keep proof of your search (emails, application letters, etc.).
This evidence will be very useful in justifying the amount of damages that you could claim before the labour court judge, due to the prejudice suffered as a result of the unfair dismissal (loss of income in particular).

 Contact me to assess the best options in your situation.

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