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How our unfair dismissal claims specialists can help

What is unfair dismissal?

If you are “let go” from your job and your employer fails to provide fair reasoning for this decision, this could be classed as unfair dismissal by law. You are also protected by the law if your employer terminates your contract without following the correct dismissal procedure. This would sometimes cross over into wrongful dismissal.

We understand how stressful and unsettling these situations can be, and will work closely with you to understand what’s happened and support you in your claim. Our experts help many employees who feel they’ve been unfairly dismissed, so don’t hesitate to get in touch if you would like us to help you.

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

unfair dismissal claims frequently asked questions

Who can bring an unfair dismissal claim? toggle accordion
To be able to bring a claim against your employer, you must have been dismissed and have at least two years’ length of service

I’ve worked with my employer for over two years. What are my rights regarding unfair dismissal? toggle accordion
If you have been employed continuously for at least two years, you will be entitled to certain legal rights, including the right not to be dismissed without fair reason. In the event of a dismissal, your employer must prove that the reasoning falls under one of the categories set out by the Employment Rights Act 1996, which are listed below:
  • Capability or qualifications: being unable to fulfil your job requirements, or being dishonest in your qualifications to gain the position.
  • Conduct: this includes misdemeanours such as theft of company property or information, taking time off without permission, abusive or degrading behaviour or persistent lateness.
  • Redundancy:  There are four potential issues which might make a redundancy dismissal unfair. These are if: there was not a genuine redundancy situation; the employee was unfairly selected for redundancy; there was inadequate consultation with the employee, or the employer fails to seek alternative work for the employee.
  • Statutory Illegality: This is where continued employment would result in breach of statutory law. For example, if an employee does not have the right to work, you would be able to rely on the reason of illegality for dismissal. Another example would be if you broke the law and could no longer fulfil a main part of your job role, i.e losing your driver’s licence when your job requires you to drive.
  • Any other substantial reason: This is somewhat of a “blanket” category for other legitimate reasons such as conflict of interest; personality clashes; and breakdown of mutual trust and confidence.

What are grounds for unfair dismissal in the workplace?< toggle accordion
You may be wondering about real-life situations where somebody could be unfairly dismissed. These unfair reasons can differ depending on your workplace, but below are some examples of grounds for unfair dismissal:
  • Requesting time off to fulfil jury service
  • Joining a Trade Union
  • Being forced to take compulsory retirement without justification
  • Requesting flexibility with working hours and/or setup
  • Refusal to give up working time rights, for example to take rests or breaks
  • Applying for maternity, paternity or adoption leave/being on maternity, paternity or adoption leave
  • Whistleblowing (exposing wrongdoing in the workplace)
  • Trying to receive Working Tax Credits
Note: if you take your employer to a tribunal over unfair dismissal and they try to prove fair reasoning for any of the above scenarios, it will be up to the employment tribunal to make the final decision regarding your claim. Our unfair dismissal lawyers can discuss this with you, and any other queries you may have during the claims process.

How long after dismissal can I claim unfair dismissal? toggle accordion
The standard time limit for issuing an unfair dismissal claim is three months less one day from the termination of your employment. You must act quickly. It’s important to seek the advice of our unfair dismissal solicitors as soon as you can, even if you’re not sure about whether your dismissal is classed as unfair. . Then, the next step in the process where we may be able to help is getting in touch with ACAS, to start off the process with your employer. This will involve looking at “early conciliation”. This can take up to six weeks, so it’s important to act as fast as you can. In certain circumstances, our legal team can assist you in the ACAS process, or help you bring a tribunal claim for unfair dismissal following discussions with ACAS.

What happens if my unfair dismissal claim is successful? toggle accordion
If you win your case for unfair dismissal/automatic unfair dismissal, the Employment Tribunal will then decide what to award you. Aside from compensation, you could possibly ask for your job back (although many people who are unfairly dismissed do not want this), or you could potentially ask for a different role with the same employer, if you wanted to. The amount of compensation you receive will depend entirely on your unique situation. Should you choose to instruct our employment law experts to handle your claim, your solicitor will give you full transparency on any monetary updates during the process.

Supporting employees who have been unfairly dismissed

  • Working closely with you to understand what’s happened
  • Advising on strategies for potential resolution of matters
  • Keeping you in the loop at every stage of your claim

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Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

To learn more about funding your employment claim click here >

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Our unfair dismissal claims experts are here to guide you

Neha Thethi

Head of Employment

Employment

Lucy Needham

Litigation Legal Assistant

Employment

Other Types of dismissal claims we can help with

Constructive dismissal → Wrongful dismissal →

Get in touch with our no win, no fee unfair dismissal claims solicitors today

If you need to talk to someone sooner you can call us for free on 0808 164 0808

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Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.

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