Guiding you through unfair dismissal claims

From our offices in Nottingham, our solicitors have a wealth of experience in advising and representing clients in unfair dismissal claims.

If you have been dismissed from your job, we will be at your side, assessing if the dismissal was unfair and handling all the legal aspects of bringing a claim in the Employment Tribunal.

Our specialist Employment Law Solicitors, recognised in the Legal 500, have a robust reputation for winning unfair dismissal claims across Nottingham, Arnold, Hucknall, Derby, the East Midlands, and the UK.

We are a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law mean we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, Independent Financial Advisers, and Counsellors who can bring additional support to our Employment Law Department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.

Below are some of the most common questions our solicitors get asked about unfair dismissal.

What is unfair dismissal?

If you have worked for your employer for two or more years (known as the ‘qualifying period’), your employer must dismiss you in a fair manner. Unless the below criteria are met, the Employment Tribunal will likely rule your dismissal unfair:

• You were dismissed for one of the five fair reasons: capability or qualifications, conduct, redundancy, breach of a statutory duty or restriction, or ‘some other substantial reason’ (SOSR). Examples of SOSR include a breakdown in trust and confidence or organisational restructuring.
• The Employment Tribunal determines that the employer acted reasonably in dismissing you for the potentially fair reason.

If you are being dismissed for misconduct or poor performance, your employer is expected to follow the Acas Code of Practice on Disciplinary and Grievance Procedures before making the final decision to end your employment. The Employment Tribunal will consider whether your employer followed the Acas Code when determining whether they acted reasonably in dismissing you.

What is classed as automatic unfair dismissal?

If you are dismissed for any of the following reasons, your dismissal will be deemed automatically unfair, and you can bring an Employment Tribunal claim without having worked for your employer for two or more years:

• Pregnancy and childbirth
• Parental leave
• Health & safety reasons
• Whistleblowing
• Victimisation
• Acting as a representative
• Seeking flexible working
• Jury service
• Taking part in protected industrial action

How much compensation can I claim for unfair dismissal?

If you win your claim, the Employment Tribunal will order your employer to pay compensation, known as an award, which comprises:

• The basic award – based on a formula considering your age, length of service, and the amount of a week’s pay (subject to a statutory cap).
• The compensatory award – just and equitable compensation for the economic loss experienced due to the unfair dismissal, including lost salary, pension, and other benefits.

The Employment Tribunal can uplift the compensatory award by up to 25% if you prove your employer did not follow the Acas Code when dismissing you for misconduct or poor performance.

What is the difference between unfair dismissal, wrongful dismissal, and constructive dismissal?

• Wrongful dismissal is when an employee is dismissed in breach of their employment contract. Unlike unfair dismissal, the Tribunal will not consider if the dismissal was ‘fair’.
• Constructive dismissal occurs when an employee resigns due to their employer’s actions, such as not paying on time, discrimination, bullying, or unreasonable changes to working conditions.

Why choose us?

Our solicitors have successfully advised and represented senior executives, professionals, and highly skilled workers on unfair dismissal claims across various industries, including manufacturing, retail, finance, law, medicine, academia, and technology. Our results-driven Employment Law Solicitors understand the sensitive nature of unfair dismissal claims and deliver advice in a compassionate, straightforward manner.

Smalleys Solicitors provides exceptional Unfair Dismissal and Personal Employment Law services to clients. People choose and recommend us not just in Nottingham, Arnold, Hucknall, Derby and Mansfield, but across Nottinghamshire, Derbyshire, Leicestershire & the East Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Unfair Dismissal and Personal Employment Law, please contact us using the form below, call us on (0115) 955 6555, email via the Request a Callback form on this contact page.