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Home / Expertise / Employment and business immigration / Unfair Dismissal Claim Solicitors

Unfair Dismissal Claim Solicitors

What is an unfair dismissal claim?

An unfair dismissal is when an individual's employment contract is terminated without following a fair procedure or providing reasons for why they were dismissed. An employee will need two years’ service to bring a claim for unfair dismissal. 

For a dismissal to be considered as fair, an employer must show that an individual was let go for one of the following reasons:

  • Conduct.
  • Performance.
  • A breach of statutory restriction or statutory illegality. 
  • Redundancy.
  • Some other substantial reason (SOSR).

If a fair procedure has not occurred, including not falling within the fair reasons outlined above, then subject to length of service, the dismissal may be deemed an unfair dismissal. 

Grounds for unfair dismissal

There are a number of circumstances that can be considered as an unfair dismissal, such as:

  • They don’t have a good reason for dismissing you.
  • Your employer hasn’t followed the company’s formal disciplinary or dismissal process. 

Automatic Unfair dismissal 

A dismissal can be deemed automatically unfair if the individual is dismissed for any of the following reasons: 

  • The individual has said or done anything which indicates that they may seek to attribute their dismissal to one of the nine protected characteristics under the Equality Act 2010. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation; 
  • The individual has raised a health and safety issue;
  • The individual has “blown the whistle”;  
  • The individual has requested family friendly leave, or has caring responsibilities for any family members;
  • The individual is a member of a Trade Union and has brought this to your attention; 
  • The individual has made an allegation of discrimination; 
  • The individual has made a flexible working request; or
  • The individual has asserted a statutory right.

 

You do not need two years’ service to bring a claim for automatic unfair dismissal. 

How to prove unfair dismissal

To check whether an individual has been dismissed unfairly the following needs to be completed:

  • Check that they were an employee - Unfair dismissals can only be challenged by people who were previously employed by the company.
  • Work out how long they worked in the business - dismissals can usually only be challenged if an individual has worked at the company for two years or more.
  • Look into whether the law deems their reason for dismissal as unfair.

These will need to be checked quickly as they’ll only have three months minus one day from their last day of employment to be able to take action.

Why choose Wright Hassall?

Being dismissed is a stressful time, especially if it’s been done unfairly. That’s why it’s important to have a team of unfair dismissal solicitors in your corner to help you get through this difficult period. 

We understand that worries around employment and finances can arise when dismissals take place. We’ll work with you to fight your unfair dismissal claims and help you access compensation.

Get in touch with us today to see how we can help you seek compensation for an unfair dismissal.

Speak to an employment lawyer?

FAQs

  • Can you claim an unfair dismissal under 2 years?

    If you’re dismissed before working at the company for two years you’ll need to check which rights are available to you.

    Depending on the reason for dismissal it could come under an automatically unfair dismissal if you have less than 2 years’ service. You will not be able to make a claim for ordinary unfair dismissal.

  • What is the average pay-out for unfair dismissal in the UK?

    Your basic award for unfair dismissal is based on:

    • How long you worked for your employer up to when you were dismissed. 
    • Your age when dismissed. 
    • Your weekly pay before tax and national insurance are deducted. This is also known as your gross weekly pay.

    If you were dismissed on or after the 6th April 2024 your maximum amount for a week's pay is £700. You can claim up to £700 a week even if your gross weekly pay is more than £700.

    If you were dismissed between 6 April 2023 and 5 April 2024 the maximum amount is £643. 

    You can calculate your basic reward on GOV.UK if you have been in the company for two or more years and worked regular hours. 

  • What is employment law for unfair dismissal?

    The Employment Rights Act 1996 section 94 gives employees the right to not be unfairly dismissed by their employer. This includes an employee feeling forced to resign due to an employer's conduct, and as such, convers constructive unfair dismissal.

  • Can I claim an unfair dismissal?

    In order to make a claim for an unfair dismissal you must be an employee who has been dismissed.

  • Can I claim unfair dismissal for redundancy?

    If you feel your employer did something wrong while making you redundant you may be able to challenge their decision. You can do this by discussing the reason for redundancy with your employer or going through their formal appeal process. If this doesn’t work, you may be able to undertake early conciliation. You must do this before attempting to take legal action.

    If legal action is required, it’s usually an avenue for those who have worked at the company for 2 years or more. This limit may not apply if you have been dismissed unfairly due to discrimination or an automatically unfair reason.