Unfair Dismissal Claims in Nottingham

What counts as unfair dismissal?

To understand whether your dismissal may have been unfair, there are two things to consider: the reason for the dismissal and the way it was handled. Both matter, and one doesn’t outweigh the other. A lack of proper investigation, an unfair hearing or a failure to follow internal procedures can all affect whether a dismissal is considered fair.

There are a number of recognised reasons an employer can rely on, including conduct, performance, redundancy, a legal restriction affecting your role or what is known as “some other substantial reason.” However, even when a reason exists, your employer is still expected to act reasonably and follow a fair procedure. This will usually involve conducting an investigation, explaining the concerns to you, and allowing you to respond before any decision is made.

In most situations, you’ll need at least two years’ continuous service to bring an unfair dismissal claim. There are exceptions to this, particularly where the dismissal relates to whistleblowing, certain statutory rights, trade union activity or health and safety issues. If discrimination is involved, you may be able to bring a claim regardless of your length of service.

The process for bringing an unfair dismissal claim in Nottingham

If you decide to take things further, there are time limits to be aware of. In most cases, you will have less than three months from the date your employment ended to begin the process. These deadlines are strict, so it’s important to understand where you stand as early as possible.

Before making a claim in the Employment Tribunal, you’ll need to go through ACAS Early Conciliation. This is a required step and is intended to give both you and your employer the opportunity to resolve matters without a formal hearing. We can deal with this stage 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 case for tribunal. Your employment law solicitor in Nottingham will guide you through this, making sure everything is properly organised and clearly set out.

Preparing for a tribunal involves gathering documents, setting out your claim, preparing witness statements and presenting your case. If your case goes to a hearing, we’ll represent you throughout and make sure you understand what to expect at each stage.

Compensation and possible outcomes

If your claim is successful, you may be awarded compensation. This is usually made up of a basic award, calculated in a similar way to a redundancy payment, and a compensatory award that reflects the financial impact of your dismissal, such as lost earnings and benefits.

The amount you receive will depend on your individual circumstances. That includes factors such as your salary, how long you have been out of work and what steps you have taken to find new employment. We’ll talk this through with you so you have a realistic understanding of what to expect.

In some situations, returning to your role may be an option, but this is not always suitable and depends on the circumstances of your dismissal. Most claims result in financial compensation, with the focus on helping you move forward.

Speak to our unfair dismissal solicitors in Nottingham

If you’d like to understand whether your dismissal was handled fairly, speaking to an experienced employment solicitor can help you approach the situation with more certainty. We’re based at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. We’re in a central location that’s easy to reach, whether you’re coming from within the city or travelling from nearby areas. The Nottingham office is well-connected by public transport, with several bus stops close by and Nottingham train station just a short walk away. If you’re driving, there are plenty of convenient parking options nearby.

At Nelsons, our team has over 40 years of experience supporting individuals across Nottingham and the wider East Midlands with workplace issues like unfair dismissal. We know how unsettling losing your job can be, and how important it is to understand your position clearly.

Our team is recognised by The Legal 500 and Chambers and Partners, and we take a thoughtful, measured approach to every case. We’ll take the time to look at what’s happened, consider whether your employer has followed the right process, and talk you through your options in an easy-to-understand way.

If you’d like to discuss your situation, you can call 0800 024 1976 or complete our online enquiry form.