Unfair Dismissal Claims

Understanding unfair dismissal 

Unfair dismissal happens when your employer ends your employment contract without a fair reason or without following the proper procedures required by law. To bring an unfair dismissal claim, you typically need to have worked for your employer continuously for at least two years, although there are important exceptions to this rule. 

For a dismissal to be considered fair, your employer must demonstrate that they had a valid reason for dismissing you and that they followed a reasonable process. The law recognises five potentially fair reasons for dismissal:  

• conduct issues 
• capability or performance concerns 
• redundancy, 
• a legal restriction preventing you from doing your job 
• or some other substantial reason.  

Even when one of these reasons exists, your employer must still handle the situation fairly and follow proper procedures. 

Common reasons employees pursue an unfair dismissal claim include discrimination based on protected characteristics such as age, gender, race or disability, retaliation for whistleblowing or raising legitimate workplace concerns, dismissal without appropriate notice or investigation, or failure to follow the company’s own disciplinary procedures. If you’ve experienced any of these situations, you may have grounds for an unfair dismissal claim. 

Our unfair dismissal services 

Our employment law team provides comprehensive support throughout your unfair dismissal matter, including: 

For employees 

We help employees who believe they’ve been unfairly dismissed by providing expert guidance on employee rights and representing their interests throughout the claims process. Our services include reviewing the circumstances of your dismissal to determine whether you have valid grounds for a claim, advising on the strength of your case and realistic outcomes, gathering and organising evidence to support your unfair dismissal claim, negotiating directly with your employer to seek fair compensation or resolution, and representing you at employment tribunal hearings if your claim proceeds to a formal hearing. 

For employers

We support businesses in managing their workforce lawfully and defending against unfair dismissal claims. Our employer services include reviewing and updating your dismissal policies to ensure legal compliance, providing training for managers and HR teams on fair dismissal procedures, advising on how to handle difficult employee situations while minimising legal risk, representing your business during early conciliation and tribunal proceedings, and developing strategies to resolve disputes efficiently and cost-effectively. 

Related services 

If you’re dealing with employment issues, you may also benefit from our expertise in redundancy matters, settlement agreements, and discrimination claims. 

How we handle your unfair dismissal claim 

We’ve developed a straightforward process that takes the confusion out of making an unfair dismissal claim: 

Step 1: Initial consultation: We begin by listening carefully to your situation during a confidential consultation. We’ll ask detailed questions about your employment, the circumstances of your dismissal, and any communication you’ve had with your employer. This helps us assess whether you have valid grounds for an unfair dismissal claim and what your realistic options are. 

Step 2: Case assessment and strategy: Once we understand your situation, we’ll provide honest advice about the strength of your claim and the potential outcomes. We’ll explain the process ahead, discuss the evidence you’ll need, and outline a clear strategy for pursuing your case. This is also when we’ll discuss costs and funding options so you can make an informed decision. 

Step 3: Early conciliation: Before proceeding to tribunal, most unfair dismissal claims go through Early Conciliation with ACAS (Advisory, Conciliation and Arbitration Service). This provides an opportunity to resolve your dispute without the need for a formal hearing. We’ll represent you during this process, negotiating on your behalf to seek a fair settlement. 

Step 4: Tribunal preparation: If Early Conciliation doesn’t result in a satisfactory resolution, we’ll prepare your case for employment tribunal. This involves gathering witness statements, organising documentary evidence, preparing your witness statement, and developing legal arguments to support your unfair dismissal claim. 

Step 5: Tribunal representation and resolution: Our experienced unfair dismissal solicitors will represent you throughout the tribunal hearing, presenting your case persuasively and cross-examining witnesses. In some instances, it may be necessary to instruct a barrister to represent you at the hearing. If so, we will recommend suitable options for you to choose from and prepare comprehensive instructions to ensure they are fully briefed. We’ll keep you informed at every stage and work tirelessly to achieve the best possible outcome, whether that’s compensation, reinstatement, or another appropriate remedy. 

For details of our employment law costs and services in relation to bringing or defending unfair or wrongful dismissal claims, please click here.

Why choose Nelsons for your unfair dismissal claim?

• Recognised legal expertise: Our employment law team is recognised by The Legal 500 for our expertise in handling complex employment matters. This independent recognition reflects our commitment to delivering exceptional legal services and achieving positive results for our clients. 
• Clear communication: We believe legal advice should be accessible and understandable. That’s why we explain everything in plain English, avoiding unnecessary jargon. We’ll make sure you understand your rights, your options, and what’s happening at every stage of your unfair dismissal claim. 
• Experienced unfair dismissal solicitors: Our team has extensive experience representing both employees and employers in unfair dismissal matters across Derby, Leicester and Nottingham. We’ve successfully handled hundreds of cases and understand the practical and legal aspects of employment tribunal claims. 
• Practical, solution-focused approach: While we’re always prepared to fight your case at tribunal if necessary, we also recognise that lengthy legal proceedings aren’t always in your best interests. We focus on finding practical solutions that resolve your matter efficiently, whether through negotiated settlement or tribunal representation. 
• Offices across the East Midlands: With solicitors based in Derby, Leicester and Nottingham, we’re ideally placed to provide face-to-face advice and support throughout the region. We also offer remote consultations for clients who prefer to meet online or by telephone. 

Ready to discuss your unfair dismissal claim? 

If you believe you’ve been unfairly dismissed or need advice about handling a dismissal fairly, our expert employment law team is here to help. Contact our unfair dismissal solicitors today for practical, clear advice on your situation. 

Call us on 0800 024 1976 or complete our online enquiry form. We’re based in Derby, Leicester and Nottingham, serving clients throughout the East Midlands.