Unfair Dismissal Solicitors
Being dismissed from your job is stressful, but it’s particularly hard if you feel your dismissal is unfair.
As an employee, your employment rights are protected, including your right not to be dismissed unfairly. However, your employer also has rights. They can terminate your contract with or without notice, assuming their reasons are valid and justifiable, and they act reasonably in the circumstances.
If you believe you’ve been unfairly dismissed, our employment law solicitors may be able to help. We advise employees across the UK from our offices in Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
What is unfair dismissal?
Unfair dismissal is when your employer dismisses you from work without good reason or if they have failed to follow the correct dismissal process.
Whilst it depends on each situation, an employee is usually considered fairly dismissed if:
- There was a fair reason; and
- The reason was sufficient to justify a dismissal; and
- The employer followed a proper and fair procedure.
If your employer does not do the above, you may be able to claim unfair dismissal.
What is an automatically unfair dismissal?
Even if the employer has acted reasonably and followed a fair procedure, the reason for the dismissal may be automatically unfair.
Examples of automatic unfair dismissal include being dismissed because:
- You are pregnant or on maternity leave;
- You were requesting or enforcing a legal right, e.g. to be paid National Minimum Wage;
- You were making a flexible working request;
- You wanted to take family leave, e.g. parental leave;
- You were whistleblowing; and/or
- You were taking action over a health and safety concern.
An employee does not need two years’ service to claim automatically unfair dismissal.
Blog | What is the two-year rule for employment rights?
How can I claim for unfair dismissal?
If you have been dismissed without good reason, for example, your role has been terminated due to you taking sick leave, you may be able to make an unfair dismissal claim. You can also claim if your employer failed to follow a formal disciplinary or dismissal process which resulted in your employment being terminated.
To be eligible to claim for unfair dismissal, you must have been employed by that employer for a consecutive period of two years (or transferred over in a TUPE transfer with continuous service).
Get in touch with our unfair dismissal solicitors in Bristol
Our specialist unfair dismissal solicitors work with employees all over the UK from our offices in Bristol and South Gloucestershire. For practical advice, call us on 0117 325 2929 or complete our online enquiry form.
What is wrongful dismissal?
Wrongful dismissal is when your employer has acted in breach of your contract, for example failing to give the correct notice period per your employment contract, or not paying accrued but untaken holiday.
If the employer has failed to adhere to their contractual obligations, you could have a claim for wrongful dismissal whereby you can claim all the losses you have sustained as a result of your employer’s breach.
An employee does not need two years’ service to claim wrongful dismissal.
Unfair dismissal FAQs
If your employer is found to be guilty of unfairly dismissing you, they can be ordered to pay compensation, reinstate you, or redeploy you to another part of the business.
To claim unfair dismissal, you are required to engage in ACAS Early Conciliation three months less one day from your effective date of termination. If you fail to go through the Early Conciliation process, you will not be able to bring a dismissal claim.
If the ACAS Early Conciliation process fails you have limited time; normally less than one month to issue an Employment Tribunal claim, so it is important to act promptly.
Our employment solicitors are here to help you make a claim for unfair or constructive dismissal at an Employment Tribunal.
In wrongful dismissal claims, you must bring a claim to the Employment Tribunal three months less one day from the date of the dismissal. These types of claims may also be brought in the County or High Court, and if that is the case, you have up to six years to bring a claim.
To be eligible to claim for unfair dismissal, you must be employed for at least two years. However, if your dismissal is classed as automatically unfair, e.g. related to pregnancy or health and safety, the two years’ service requirement does not apply.
The law around unfair dismissal can be complex, so if you believe you have been unfairly dismissed, no matter how long you have been employed, it is important to seek legal advice.
If you ‘win’ your unfair dismissal claim, this does not mean that you will be re-employed. While reinstatement can be sought, it is common and mostly likely that you will receive compensation, including compensation for financial loss (loss of income due to losing your job).
The amount of compensation you receive is determined by an Employment Tribunal and varies from case to case.
Employees can only be sacked without notice, i.e. verbally in a meeting or via written communication, in cases involving gross misconduct.
Gross misconduct includes serious breaches of an employment contract such as theft, violence and gross negligence.
Contact our unfair dismissal solicitors in Bristol
Our employment solicitors have extensive experience representing employees at Tribunals, appeal Tribunals and the higher courts.
If you believe you’ve been unfairly dismissed, speak to our employment lawyers in Bristol or South Gloucestershire by calling 0117 325 2929 or complete our online enquiry form.