Expert Legal Advice for Employees Facing Unfair Dismissal
Unfair dismissal can have a profound impact on your career, finances, and well-being. At Wellingtons Solicitors, our team of specialist employment lawyers in London is committed to providing clear, practical, and effective legal advice for employees who believe they have been dismissed unfairly. We understand the stress and uncertainty that comes with losing your job, and we are here to help you assert your rights and pursue the compensation you deserve.
What Is Unfair Dismissal?
Unfair dismissal occurs when an employer terminates your employment without a fair reason or fails to follow the correct legal process. Under the Employment Rights Act 1996, every employee who meets the qualifying period of service is entitled to protection from unfair dismissal. If your employer cannot demonstrate that your dismissal falls within one of the legally recognised categories, your termination may be deemed unfair.
The Five Fair Reasons for Dismissal
Your employer must show that your dismissal was for one of the following reasons:
- Capability or Qualifications: You lacked the necessary skills or qualifications for your role.
- Conduct: Your behaviour at work (such as dishonesty, persistent absence, or gross misconduct) justified dismissal.
- Redundancy: Your role was genuinely redundant.
- Statutory Illegality: Continuing your employment would breach a law (for example, if you are required to drive for your job but have lost your driving licence).
- Some Other Substantial Reason (SOSR): This covers other significant reasons such as irreconcilable personality clashes or refusal to accept changes to your contract.
If your employer cannot prove that your dismissal was for one of these reasons, your dismissal is likely to be unfair.
Was the Dismissal Reasonable?
Even if your employer can show a fair reason, the Employment Tribunal will also consider whether your employer acted reasonably in treating that reason as sufficient for dismissal. This includes assessing whether your employer followed a fair process, such as giving warnings, conducting proper investigations, and adhering to the ACAS Code of Practice. If no reasonable employer would have dismissed you in similar circumstances, your dismissal may still be deemed unfair.
Constructive vs. Unfair Dismissal
It’s important to distinguish between constructive and unfair dismissal:
- Unfair Dismissal: You are terminated by your employer in a manner that is unlawful or unreasonable.
- Constructive Dismissal: You resign because your employer’s conduct has made your position untenable. In law, this is treated as a dismissal, but in practice, it is a resignation triggered by your employer’s actions.
The Importance of Proper Procedure
A fair reason alone is not enough-your employer must also follow a fair process. This includes:
- Conducting proper investigations and gathering evidence
- Providing warnings and opportunities to improve (where appropriate)
- Allowing you to be accompanied at disciplinary meetings
- Consulting properly in redundancy situations
Failure to follow these procedures can render even a potentially fair dismissal unfair.
Qualifying Periods and Exceptions
Generally, you must have at least two years of continuous employment with your employer to bring an unfair dismissal claim. However, there are important exceptions:
- Automatic Unfair Dismissal: In certain circumstances, such as dismissal related to health and safety, whistleblowing, trade union activities, or asserting statutory rights (like maternity or paternity leave), there is no minimum qualifying period.
- Wrongful Dismissal: If you do not qualify for an unfair dismissal claim, you may still bring a wrongful dismissal claim for breach of contract, such as not being given your contractual notice period.
Compensation for Unfair Dismissal
If your claim succeeds, you may be entitled to two types of compensation:
1. Basic Award
This is calculated based on your age, length of service (up to 20 years), and weekly pay (capped at £719 per week as of April 2025). The maximum basic award is £21,570.
- 1.5 weeks’ pay for each year of employment after age 41
- 1 week’s pay for each year between ages 22 and 40
- 0.5 week’s pay for each year under age 22
2. Compensatory Award
This covers actual financial losses resulting from your dismissal, such as lost earnings, loss of benefits, and loss of pension rights. The maximum compensatory award is £118,223 or 52 weeks’ gross salary (whichever is lower), in addition to the basic award.
In certain cases-such as discrimination or whistleblowing-there is no cap on compensation.
How Wellingtons Solicitors Can Help
Expert Assessment of Your Case
Our experienced employment solicitors will carefully review the circumstances of your dismissal to determine whether you have a strong claim for unfair dismissal. We will explain your rights, assess the evidence, and advise you on the best course of action.
Negotiation and Settlement
We are skilled negotiators and will seek to resolve your dispute through settlement where possible, securing compensation and references without the need for lengthy tribunal proceedings.
Representation at Employment Tribunal
If a fair settlement cannot be reached, our team will provide robust representation at the Employment Tribunal, preparing your case and advocating on your behalf to achieve the best possible outcome.
Support Throughout the Process
We guide you through every stage, from initial advice and ACAS early conciliation to tribunal hearings, ensuring you are fully informed and supported at every step.
Frequently Asked Questions
What is unfair dismissal?
Unfair dismissal occurs when your employer terminates your employment without a fair reason or fails to follow a fair process.
How long do I have to make a claim?
You must usually bring your claim within three months (less one day) from the date your employment ended.
Can I claim if I have less than two years’ service?
You may be able to claim if your dismissal was for an automatically unfair reason, such as whistleblowing or asserting statutory rights.
What compensation can I receive?
Compensation includes a basic award (based on age, service, and pay) and a compensatory award (for financial losses), subject to statutory limits.
What if my employer discovers new reasons for dismissal after I’ve been sacked?
Only the facts known to your employer at the time of dismissal are relevant. New reasons cannot be used to justify the dismissal after the fact.
Why Choose Wellingtons Solicitors?
- Specialist knowledge of employment law and unfair dismissal claims
- Personalised, compassionate service tailored to your circumstances
- Proven track record of successful outcomes for employees
- Clear, practical advice and transparent fees
- Strong negotiation and advocacy skills
If you believe you have been unfairly dismissed, don’t hesitate to seek expert legal advice. Contact Wellingtons Solicitors in London today for a confidential consultation and take the first step towards protecting your rights and securing the compensation you deserve.