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Unfair Dismissal Claims

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  • Laura Kearsley
  • Partner & Solicitor
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Legal advice for unfair dismissal

If you have been unfairly dismissed from your job, our team of expert employment law solicitors may be able to help you pursue an unfair dismissal claim so you can obtain compensation from your former employer.

Reasons for dismissing an employee

Your employer must have a good reason for dismissing you and has to show that the reason is genuine and justified. There are five potentially fair reasons for dismissing an employee, which are:

  • Your conduct
  • Your capability
  • Redundancy
  • A statutory restriction
  • Another substantial reason

For the dismissal to be deemed to be fair, the employer must show that at least one of the above reasons is directly related to the dismissal and that an appropriate process was followed prior to that dismissal.

Unfair dismissal rights

If you have been dismissed, you have a right to a written statement explaining why and whatever the reason. Your employer has to act fairly and in accordance with its internal procedures and any relevant statutory codes of practice that are applicable. If they do not, the dismissal may be unfair.

If your employer will not give you the reason(s) for your dismissal, or if you dispute the reason(s) given, you can make a complaint either through your company’s grievance procedure or to an Employment Tribunal. You normally need at least two years’ service before you can make a claim for unfair dismissal.

An Employment Tribunal will look at the circumstances of your dismissal, which will include:

  • The investigation process/procedure followed by your former employer;
  • Whether the reasons given by the employer for dismissing you were just, reasonable and proportionate in the circumstances;
  • Whether the business followed the Acas Code of Practice on Disciplinary and Grievance Procedures, if applicable; and
  • The size and resources of the business.

Should the Employment Tribunal rule in your favour, they can make the following orders:

  • Re-instatement of employment – you will return to your former job role;
  • Re-engagement – the employer offers you an alternative job role that is comparable to the job that you were previously dismissed from; or
  • Financial compensation.

How our team of employment law solicitors can help with unfair dismissal claims

If you have been dismissed by your employer without a justifiable reason or appropriate process, you may be able to bring an unfair dismissal claim against them. At Nelsons, we have a team of expert employment law solicitors in Derby, Leicester and Nottingham who specialise in representing employees in unfair dismissal claims and are happy to discuss your situation.

Contact us with a no-obligation enquiry today and we will be able to discuss your employment issues in more detail. We also offer a fixed fee 45-minute appointment which is charged at £225 + VAT.

During this appointment, you will be able to meet with one of our experienced employment law solicitors and they will explain what your legal rights and options are, as well as what it may cost to take further legal advice, advising on all of the available options to fund your case.

For further information on how our expert team of solicitors can assist you with an unfair dismissal claim, please call 0800 024 1976 or contact us via our online enquiry form for a guaranteed response.

  • "The employment department is very responsive, offering pragmatic legal solutions to some very complex issues."

    Client Feedback
  • "Nelsons Solicitors Limited is rated for its 'excellent support' and 'professional expertise'…the group handles a range of contentious and non-contentious matters, from industrial relations, whistleblowing and TUPE issues, to redundancy and reorganisation matters and senior executive exits. It also provides strategic HR advice and assistance with disciplinary and grievance hearings and employee consultations.”

    Legal 500
  • "My lawyer was wonderful. This was my first experience of approaching a Solicitor and I wasn't sure what to expect. She helped me massively."

    Client Feedback
  • "Thank you for your help during a difficult period of life for me. As well as the friendly welcome."

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Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976
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Related topics

  • Our Employment Law Fees & Services – Unfair Or Wrongful Dismissal Claims
  • Employee Rights
  • Discrimination Claims
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  • Redundancy
  • Constructive Dismissal
  • Settlement Agreement
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