Unfair dismissal and reinstatement

What is happening

The most common story is a resignation that was never really voluntary: the letter was written under pressure, with a threat of disciplinary dismissal, or signed together with a backdated order. Proving it was forced is hard but possible if you act quickly and keep the messages.

The second is dismissal for absence without leave, being drunk at work, or repeated failure to perform duties. Employers often get the procedure wrong: they do not ask for an explanation, miss deadlines, or ignore how serious the misconduct actually was. Each such breach becomes a separate argument.

The third is redundancy where vacancies were not offered, notice was late, priority rights were ignored, or the redundancy was a sham: a month later the same job reappeared under a different title.

What the law says

• The grounds and procedure for dismissal are set by the Labour Code. In court the employer must prove both a lawful ground and compliance with the procedure.
• A claim concerning dismissal must be filed within one month of receiving a copy of the dismissal order or the employment record book or employment history record. Where the delay is for good reason, the court may extend the time limit.
• Before a disciplinary dismissal the employer must request a written explanation, and the sanction may be applied no later than one month after the misconduct was discovered. On redundancy, employees must be given at least two months' notice and offered suitable vacancies.
• If the dismissal is found unlawful, the court reinstates the employee, awards average earnings for the period out of work and may award compensation for distress. At the employee's request, instead of reinstatement the court may change the recorded ground to voluntary resignation.
• A reinstatement judgment is enforceable immediately; if the employer refuses to comply, the bailiffs enforce it under Federal Law No. 229-FZ of 2 October 2007 "On Enforcement Proceedings".
• In employment claims the employee is exempt from court costs and may bring a claim to restore employment rights where they live (the Labour Code, the Code of Civil Procedure).

What we do

• We check the dismissal order, the ground relied on and whether each step of the procedure was followed.
• We calculate the time limit for going to court and, if needed, prepare an application to extend it.
• We gather evidence: correspondence, internal memos, colleagues' statements, information on vacancies and the staffing table.
• We file a complaint with the state labour inspectorate where that helps obtain documents or record breaches.
• We prepare the claim for reinstatement, pay for the period out of work and compensation for distress, and represent you in court.
• We negotiate a settlement if compensation suits you better than going back.
• We follow through on enforcement of the reinstatement judgment.

What we will need from you

• Your employment contract, any supplementary agreements and your job description.
• The dismissal order, notices, reports, requests for explanations and your replies.
• Your employment record book or employment history record, payslips and income statements.
• Correspondence with management and colleagues, and any recordings of conversations.
• Exact dates: when you were handed the order, given your documents and paid off.