Unfair Dismissal Solicitors

Unfair Dismissal Solicitors 

Losing your job unfairly can have a serious impact on your finances, career, and peace of mind. If you believe you have been dismissed without a fair reason or proper process, our unfair dismissal solicitors can help you understand your rights. Our team of unfair dismissal lawyers at Sunrise Solicitors have experience supporting individuals through ACAS early conciliation, settlement negotiations, and employment tribunal proceedings. Contact us today and get expert help from our unfair dismissal solicitors. We may provide services of No win No fee basis, subject to assessment.

What Is Unfair Dismissal?

Unfair dismissal occurs when an employer ends an employee’s contract of employment without a valid reason or fails to follow a fair process. While employers have the right to dismiss staff, they must comply with specific legal standards when doing so. 

A dismissal is more likely to be considered fair if it falls into one of the following categories: 

• Misconduct 

• Poor performance or capability 

• Redundancy 

• Statutory illegality (e.g. the employee cannot legally continue the role) 

• Some other substantial reason (SOSR) 

Even where one of these reasons applies, the dismissal may still be considered unfair if the employer did not follow a reasonable and proper procedure, including providing warnings, conducting investigations, or offering a right of appeal.

Automatically Unfair Reasons for Dismissal

Certain reasons for dismissal are considered automatically unfair, regardless of whether the employer believes they acted reasonably. These include situations where the dismissal is connected to: 

• Pregnancy or any matter related to maternity 

• Family-related leave, such as parental leave, paternity leave (birth or adoption), adoption leave, or time off to care for dependants 

• Serving as an employee representative 

• Performing duties as a trade union representative 

• Acting as a trustee of an occupational pension scheme 

• Joining, not joining, or choosing to leave a trade union 

• Being employed on a part-time or fixed-term basis 

• Entitlements relating to pay and working hours, including the National Minimum Wage, paid annual leave, or rights under the Working Time Regulations 

• Reporting wrongdoing at work, also known as whistleblowing 

In addition, compulsory retirement based solely on age will generally be treated as unfair dismissal unless the employer can provide an objective justification. However, such decisions can be challenged before an Employment Tribunal.

Constructive Unfair Dismissal

Constructive unfair dismissal occurs when an employee resigns in response to serious breaches of contract by the employer. This type of dismissal is not about being told to leave, but about feeling forced to resign because the working relationship has broken down beyond repair. 

Examples of employer behaviour that may justify a constructive dismissal claim include: 

• Persistent non-payment of wages 

• Demotion without justification 

• Harassment or bullying that is ignored 

• Sudden changes to terms and conditions without consultation 

• Failure to investigate complaints 

In most cases, an employee must have at least two years of continuous service to bring a constructive dismissal claim, unless the dismissal is automatically unfair. Sunrise Solicitors has a specialist constructive dismissal solicitor ready to review your case and help you take legal action.

Steps to Take After an Unfair Dismissal

If you believe you have been unfairly dismissed, you should: 

1. Appeal internally – Use the company’s appeal procedure as soon as possible after your dismissal. 

1. Start Early Conciliation – Contact ACAS within three months less one day from your dismissal date. 

1. File a Tribunal Claim – If Early Conciliation fails, you will receive a certificate. You typically have one month from this certificate to lodge your ET1 form with the Employment Tribunal. 

The Tribunal Process 

Once you submit your ET1 claim form: 

• The employer (the respondent) is given a chance to respond. 

• A hearing date is scheduled. 

• Both sides submit evidence and arguments. 

• A tribunal panel or judge will decide whether your dismissal was fair or unfair. 

During the tribunal, you will be known as the claimant. It is essential to present a clear timeline of events and any supporting documentation that can prove your case. 

Penalties for Unfair Dismissals

If an employment tribunal decides that an employee has been unfairly dismissed, you may be required to: 

• Reinstate the employee, meaning they return to their previous role. 

• Re-engage the employee, meaning you re-employ them in a different suitable position. 

You may also be ordered to pay compensation, which is calculated based on the employees: 

• age 

• gross weekly earnings 

• length of continuous service 

Additional compensation may be awarded if you fail to comply with a tribunal order requiring reinstatement or re-engagement. 

There is a statutory limit on the amount of compensation a tribunal can award for unfair dismissal. However, this limit does not apply in cases involving: 

• health and safety matters, such as dismissing an employee for raising safety concerns 

• whistleblowing, where the dismissal is connected to protected disclosures 

Whistleblowing and Dismissal 

If you were dismissed because you raised concerns about wrongdoing at work, you may be protected under the Public Interest Disclosure Act 1998 (PIDA). This legislation shields employees who report illegal or unethical practices from unfair treatment or dismissal. 

However, whistleblowers often face difficult workplace environments, including harassment, reduced progression, or pressure to leave. If you believe your dismissal is linked to whistleblowing, it is important to seek legal advice immediately.

Can I Be Dismissed Without Warning? 

In some cases, employers can dismiss staff without notice known as summary dismissal but only where there is gross misconduct. This applies to serious issues such as: 

• Theft or fraud 

• Violence or threats 

• Serious negligence or health and safety violations 

Even in these situations, the employer is expected to conduct a reasonable investigation before taking action. 

Why Choose Sunrise Solicitors

At Sunrise Solicitors, we understand that being dismissed from your job can have serious personal and financial consequences. If you believe your employer acted unlawfully or failed to follow a fair process, our team is here to help. 

Our experienced unfair dismissal solicitors offer strategic and tailored advice to support your claim. Whether you are seeking compensation, reinstatement, or early settlement, we will guide you through every stage of the legal process. 

As a trusted wrongful termination lawyer, we are well-equipped to assess the facts of your case, identify any breach of contract or procedural failure, and present a strong argument before the Employment Tribunal if required. 

We assist with: 

• Preparing and submitting your ET1 claim 

• Representing you during negotiations or at hearings 

• Reviewing internal dismissal procedures and ACAS compliance 

• Pursuing maximum compensation or alternative remedies 

In suitable cases, we may be able to act on a No Win No Fee basis, subject to eligibility. From first consultation to final resolution, we are committed to protecting your rights and securing the outcome you deserve. Book an appointment today and start your legal journey with Sunrise Solicitors.