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Unfair Dismissal

Home » Employment Law » Unfair Dismissal

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Unfair Dismissal Claims

Expert Legal Support for Employment Termination Disputes

If you’ve been dismissed from your job unfairly, our experienced employment law solicitors can help you challenge the decision and seek compensation. We understand the shock and stress of losing your job and provide sensitive, effective legal support. Contact us today: 0203 909 8399 | Book a Consultation

What Is Unfair Dismissal?

Unfair dismissal occurs when an employer terminates your employment without a fair reason or without following proper procedures. While employers have the right to dismiss employees, the law protects workers from dismissals that are unreasonable, discriminatory, or procedurally unfair.

Do You Have an Unfair Dismissal Claim?

You may have a claim if:

  • You were dismissed without a valid reason
  • Proper procedures weren’t followed
  • The dismissal was discriminatory
  • You were dismissed for an automatically unfair reason
  • The sanction was disproportionate to the issue

Types of Dismissal

What Counts as Dismissal

  • Contract termination (with or without notice)
  • Non-renewal of fixed-term contracts
  • Redundancy (including voluntary)
  • Dismissal for industrial action
  • Prevention from returning after maternity leave
  • Forced resignation (constructive dismissal)

What Doesn’t Count

  • Temporary suspension
  • Voluntary resignation
  • Mutual agreement to part ways
  • Frustration of contract
  • End of fixed-term contract (if expected)

Fair Reasons for Dismissal

Potentially Fair Grounds

  • Capability – Performance or qualification issues
  • Conduct – Misconduct or disciplinary matters
  • Redundancy – Genuine business restructuring
  • Statutory Restriction – Legal barriers to employment
  • Other Substantial Reason – Business reorganization

Procedural Requirements

Even with fair grounds, employers must:

  • Follow proper procedures
  • Conduct fair investigations
  • Give employees chance to respond
  • Consider alternatives to dismissal
  • Apply sanctions consistently

Automatically Unfair Dismissals

Protected Reasons

Dismissal is automatically unfair if related to:

  • Pregnancy or maternity leave
  • Family leave (paternity, adoption, parental)
  • Health and safety concerns
  • Whistleblowing activities
  • Trade union membership or activities
  • Asserting statutory rights
  • Jury service

No Qualifying Period

  • Most unfair dismissal claims need 2 years’ service
  • Automatically unfair reasons have no minimum
  • Discrimination claims have no minimum
  • Some other exceptions apply

Discriminatory Dismissals

Protected Characteristics

Dismissal is discriminatory if based on:

  • Age
  • Disability
  • Gender reassignment
  • Marriage/civil partnership
  • Pregnancy/maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Evidence Requirements

Proof of Dismissal

  • Termination letter or email
  • P45 documentation
  • Text messages or communications
  • Witness statements
  • Meeting minutes

Written Reasons

  • Right to written reasons after 2 years’ service
  • Automatic right if pregnant
  • Must be provided within 14 days of request
  • Can be used as evidence in claims

The Claims Process

Initial Steps

  • Gather evidence of dismissal
  • Request written reasons
  • Consider internal appeal
  • Contact ACAS for conciliation
  • Prepare tribunal claim

Tribunal Proceedings

  • Submit ET1 claim form
  • Respond to employer’s ET3
  • Preliminary hearings
  • Disclosure of documents
  • Final hearing

Compensation Awards

Basic Award

  • Calculated like redundancy pay
  • Based on age, service, and weekly pay
  • Maximum weekly pay cap applies
  • Current maximum: £19,290 (2024)

Compensatory Award

  • Loss of earnings
  • Loss of benefits
  • Loss of pension rights
  • Injury to feelings (discrimination)
  • Current maximum: £105,707 (2024)

Why Choose Connaught Law

  • Specialist unfair dismissal expertise
  • High success rate at tribunals
  • Understanding of complex dismissal law
  • No win no fee options available
  • Comprehensive case preparation

Our Approach

  • Free initial assessment
  • Honest advice on prospects
  • Strategic case development
  • Strong negotiation skills
  • Tribunal representation

Time Limits

  • Three months less one day from dismissal
  • ACAS conciliation can extend deadline
  • Strict time limits apply
  • Act quickly to preserve rights

Next Steps

Don’t accept unfair treatment in the workplace. Our employment law specialists will review your dismissal, assess your claim’s strength, and guide you through the process of challenging your employer’s decision. Call 0203 909 8399 or Book Online for a confidential consultation about your unfair dismissal claim.

We’re here to help.
Book your consultation with Connaught Law today.
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Connaughts is the trading name of Connaught Law Limited, a company registered in England and Wales (Company No. 10595036). This firm is regulated by the Solicitors Regulation Authority.