Unfair Dismissal Claims

Being dismissed from your job can be an overwhelming experience, leaving you feeling vulnerable, confused, and uncertain about your future. If you believe your dismissal was unfair, you may have grounds for a legal claim against your former employer. At Wildings Solicitors, our experienced employment law team provides expert guidance and representation to help you understand your rights and secure the justice you deserve.

This page is intended for employees only. If you are seeking advice as an employer, please visit our dedicated page here.

Facing unfair dismissal?

Being dismissed from your job can be an overwhelming experience, leaving you feeling vulnerable, confused, and uncertain about your future. If you believe your dismissal was unfair, you may have grounds for a legal claim against your former employer. At Wildings Solicitors, our experienced employment law team provides expert guidance and representation to help you understand your rights and secure the justice you deserve.

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What Is Unfair Dismissal Under UK Law?

Unfair dismissal occurs when an employer terminates an employee’s contract without a fair reason or fails to follow a proper dismissal procedure as required by law. The Employment Rights Act 1996 specifically outlines what constitutes fair and unfair grounds for dismissal.

Potentially Fair Reasons for Dismissal
By law, there are five potentially fair reasons for dismissal:

Capability or qualification – related to your ability to perform your job, including skill, aptitude, health, or qualifications.

Conduct – concerning your behaviour at work, which may include dishonesty, poor attendance, or failure to follow instructions.

Redundancy – when your position is no longer needed or the business is restructuring. If you are facing Redundancy, it is time for you now to contact with our Redundancy Agreement Solicitors.

Statutory restriction – where continued employment would break the law (e.g., a driver losing their licence).

Some other substantial reason (SOSR) – a catch-all category that may include personality clashes with important clients or business reorganisation.

However, even if your employer can establish one of these reasons, they must still follow a fair procedure and act reasonably in the circumstances. The dismissal must fall within what employment tribunals call the “range of reasonable responses”. 

If you believe you are not being treated fairly or reasonably. It is time for you now to contact our solicitors. 

Automatically Unfair Dismissal

Some dismissals are considered “automatically unfair” regardless of the employer’s justification. These include dismissals related to:

  • Pregnancy or maternity leave
  • Family leave (including paternity, adoption, or parental leave)
  • Acting as an employee representative
  • Trade union membership or activities
  • Whistleblowing (making protected disclosures)
  • Health and safety concerns
  • Asserting a statutory right
  • Taking part in legal industrial action.
 

For most automatically unfair dismissal reasons, you don’t need the usual two years of service to make a claim.

If you believe you fall into this category, it is critical that you contact our unfair dismissal employment lawyers without delay. Please fill out the enquiry form on this page as soon as possible to receive expert legal advice and protect your rights.

Qualifying Period for Unfair Dismissal Claims

In most cases, you need to have worked for your employer for at least 23 months and 3 weeks (effectively two years) to qualify for unfair dismissal protection. However, as mentioned above, automatically unfair dismissal claims generally have no minimum service requirement.

What Should You Do If You've Been Unfairly Dismissed?

If you believe you’ve been unfairly dismissed, taking prompt action is crucial:

You have just three months less one day from your dismissal date to initiate an unfair dismissal claim. Missing this deadline could mean losing your right to claim entirely.

If you believe you unfairly dismissed, it is critical that you contact our unfair dismissal employment lawyers without delay. Please fill out the enquiry form on this page as soon as possible to receive expert legal advice and protect your rights.

Before making a tribunal claim, we must notify ACAS (Advisory, Conciliation and Arbitration Service) and go through their Early Conciliation process. If you haven’t notified ACAS already, we will guide you to notify them.

This is a mandatory step and puts the time limit for your claim on hold temporarily.

Speaking with an employment solicitor as soon as possible after your dismissal is vital. At Wildings Solicitors, we can:

  • Assess whether you have grounds for an unfair dismissal claim
  • Help you understand the strength of your case
  • Advise on potential compensation
  • Guide you through the ACAS Early Conciliation process
  • Represent you at an employment tribunal if necessary


If you believe you unfairly dismissed, it is critical that you contact our unfair dismissal employment lawyers without delay. Please fill out the enquiry form on this page as soon as possible to receive expert legal advice and protect your rights.

Why Choose Wildings Solicitors for Your Unfair Dismissal Claim?

Local Expertise, National Reach

Our team has in-depth knowledge of both local employment practices and national employment legislation.

Dedicated Employment Law Specialists

Our employment law solicitors focus exclusively on employment matters, giving them the depth of expertise needed to handle even the most complex unfair dismissal cases. We understand the nuances of employment tribunal procedures and know what it takes to build a compelling case.

Proven Track Record

We have successfully represented numerous clients in unfair dismissal claims, securing fair compensation and, where appropriate, negotiating favourable settlement agreements to avoid the stress of a tribunal hearing.

Empathetic, Client-Centred Approach

We recognise that losing your job can be deeply distressing. Our solicitors provide not only expert legal guidance but also the emotional support and reassurance you need during this challenging time.

Addressing Common Concerns

Unfair Dismissal FAQs

Unfair dismissal occurs when an employer dismisses an employee without a fair reason or without following a fair procedure. Wrongful dismissal, on the other hand, is a breach of contract claim that occurs when an employer terminates employment in a way that breaches the employment contract, such as dismissing without giving proper notice.

Whether your case involves unfair dismissal or wrongful dismissal, it is critical that you speak to our specialist dismissal employment lawyers as soon as possible. No matter the circumstances, we are here to support you, explain your rights, and guide you through the next steps. Please complete the enquiry form on this page without delay to get the expert legal advice you need.

Compensation for unfair dismissal typically consists of a basic award and a compensatory award. According to recent statistics (2023/2024), the median award for unfair dismissal claims was £6,746, while the average award was £13,749. The maximum award recorded was £179,124, though amounts vary significantly based on individual circumstances.

To understand how much compensation you could be entitled to, it’s essential to speak with our experienced dismissal employment lawyers. By completing the enquiry form on this page, we can help you calculate your losses, assess your eligibility, and estimate the compensation you may be able to claim. Don’t delay—get expert legal advice tailored to your situation.

Generally, you need two years’ continuous service to claim ordinary unfair dismissal. However, if your dismissal was for an automatically unfair reason (such as discrimination, whistleblowing, or asserting a statutory right), you may still be able to make a claim regardless of your length of service

To determine whether your situation qualifies as automatic unfair dismissal, it’s important to get tailored legal advice. Contact our team by filling out the enquiry form on this page, and we’ll assess your circumstances and advise you on your rights—even if you haven’t yet completed two years of service.

Constructive dismissal occurs when you’re forced to resign due to your employer’s conduct. This might happen if your employer breaches your contract in a serious way – for example, not paying you, demoting you without cause, changing your working conditions unreasonably, or failing to stop harassment. To claim constructive dismissal, you typically need two years’ service, and you must leave your job immediately after the breach.

If you feel you’ve been forced to resign because of your employer’s behaviour, you may have a claim for constructive dismissal. It’s important to act quickly—contact us as soon as possible by filling out the enquiry form on this page. Our expert employment lawyers will assess your case and guide you through your legal options.

Dismissal without notice (summary dismissal) is only lawful if it’s in response to gross misconduct. If your employer dismissed you without notice and without a fair reason, you may have claims for both wrongful dismissal (breach of contract) and unfair dismissal (if you have two years’ service).

If you’ve been dismissed without notice and believe it was not due to gross misconduct, you could have grounds for both wrongful and unfair dismissal claims. It’s crucial to get legal advice quickly—fill out the enquiry form on this page to speak with our specialist employment lawyers and find out where you stand.

At an employment tribunal, both you and your employer will present evidence. The tribunal will consider whether your employer had a fair reason for dismissal and followed a fair procedure. If successful, the tribunal can order compensation, reinstatement, or re-engagement. Having professional legal representation significantly improves your chances of success.

Facing an employment tribunal can be daunting, but you don’t have to go through it alone. Our expert employment solicitors can help you prepare your case, present strong evidence, and ensure your rights are fully protected. Complete the enquiry form on this page today to give yourself the best possible chance of success.

Employment status can be complicated, and many individuals labelled as “self-employed” may actually have rights as employees under the law. If you’re unsure about where you stand, contact our experienced solicitors by filling out the enquiry form on this page. We’ll assess your situation and help you understand your legal rights.

In an unfair dismissal claim, the burden is on the employer to prove they had a fair reason for dismissal. If they succeed, the tribunal will then assess whether the dismissal was reasonable under the circumstances. For automatically unfair dismissals, it’s up to the employee to show that the dismissal was due to one of the prohibited reasons. To ensure your case is presented effectively, contact our expert solicitors by filling out the enquiry form on this page. We’re here to help you navigate the complexities and protect your rights.

Still Have Questions?

Get Expert Legal Support For Your Unfair Dismissal Claim Today

If you believe you’ve been unfairly dismissed, don’t face this challenging time alone. Our expert employment solicitors at Wildings Solicitors are here to help you understand your rights and options.

We serve clients throughout England and can provide the expert guidance you need to move forward with confidence.

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