Unfair Dismissal Claims in Leicester

What counts as unfair dismissal?

To work out whether your dismissal may have been unfair, you need to look at both the reason behind it and the way your employer handled the situation. Even if there is a reason to dismiss you, the process still needs to be fair and properly implemented. Issues such as a lack of investigation, an unfair hearing or failure to follow internal procedures can all be relevant when assessing your position.

Your employer can rely on certain recognised reasons, such as conduct, performance concerns, redundancy, a legal restriction affecting your role or what’s known as “some other substantial reason.” However, they should also follow a proper procedure. This usually means conducting a reasonable investigation, explaining the concerns to you, and allowing you to respond.

In most cases, you’ll need at least two years’ continuous service to bring an unfair dismissal claim. However, there are exceptions to this, for example, situations involving whistleblowing, raising certain legal rights, trade union involvement or health and safety concerns. If discrimination is involved, you may be able to bring a claim regardless of how long you’ve worked there.

The process for bringing an unfair dismissal claim in Leicester

If you decide to move forward, timing is important. You will usually have less than three months from the date your employment ended to begin the process. These deadlines are strict, so it’s important not to delay reaching out to a solicitor if you think you have a case.

Before making a claim to the Employment Tribunal, you’ll need to go through ACAS Early Conciliation. This is a required step and allows you and your employer to resolve the issue without going to a hearing. Our expert employment solicitors can deal with this on your behalf, including communicating with your employer and advising you on whether any proposed settlement agreement is reasonable.

Most claims are resolved during Early Conciliation. However, if that isn’t possible, the next step is to prepare your tribunal claim. If this is the case for you, we will support you through the process, ensuring everything is properly organised and clearly presented.

Preparing for a tribunal involves gathering documents, setting out your claim, preparing witness statements and explaining your case in a structured way. If your case goes to a final hearing, we’ll represent you and make sure you understand what to expect at each stage. Our focus will always be reaching a practical outcome that works for you.

Compensation and possible outcomes

If your claim succeeds, the outcome is usually financial compensation, although the amount will depend on your individual circumstances. This isn’t a fixed figure, so it’s important to look at what you’ve actually lost as a result of your dismissal.

Compensation is generally made up of two elements. A basic award is calculated similarly to a statutory redundancy payment, while a compensatory award reflects your financial losses, such as lost earnings and benefits. The exact figure will depend on factors like your salary, how long you’ve been out of work and what steps you’ve taken to find new employment.

We’ll talk this through with you in practical terms. Rather than focusing on best-case scenarios, we’ll give you a realistic view of what you might expect and whether bringing a claim is proportionate in your situation. In some cases, returning to your role may be an option, but this is relatively uncommon. Most claims result in a financial outcome, and the focus is usually on helping you move forward.

Visit our Leicester office

Our Leicester office is located at Provincial House, 37 New Walk, LE1 6TU, a central and easy-to-reach spot just a short distance from the city centre. Whether you’re travelling on foot, by car or via public transport, getting here is straightforward. If you are walking, it’s around a 10-minute stroll from the city centre along the historic New Walk. Driving takes about 7 minutes, and parking is available nearby.

Speak to our unfair dismissal solicitors in Leicester

You may be unsure whether your situation qualifies as unfair dismissal, and many people are initially in that position. However, because time limits are involved, getting an early sense of where you stand can be helpful if pursuing a case is something you are interested in.

If you’re unsure whether your dismissal was handled fairly, it can be helpful to talk it through with someone who regularly handles these situations. You don’t need to have reached a conclusion before getting in touch.

We’ll listen to what’s happened, ask the right questions and give you a clear view of your position. The aim is to help you understand where you stand so you can decide what to do next.

With more than 40 years of experience supporting families across Leicester and the East Midlands, and recognition from The Legal 500 and Chambers and Partners, we focus on giving clear, straightforward advice. We advise employees across Leicester and the wider Leicestershire area on unfair dismissal and related workplace issues. If you’d like to discuss your situation, call 0800 024 1976 or complete our online enquiry form.