Unfair Dismissal

We understand that losing your job – or ‘getting the sack’ – or ‘being fired’ – can be a very stressful time.

Especially when the termination of your contract of employment amounts to an unfair dismissal. If you have been unfairly dismissed, then you need the advice and support of a specialist Employment Law solicitor.  Only a specialist who deals with unfair dismissal cases on a day-to-day basis can protect your financial interests, obtain the best possible outcome for you, and ensure that your professional future is safeguarded.

Unfair dismissal is a complex area of law and there are strict time limits for bringing a claim at the Employment Tribunal.  Generally, claims for unfair dismissal must be brought within 3 months less one day from the date of your dismissal (the effective date of termination).  It is therefore important not to delay and to take immediate advice from an employment lawyer.

Your dismissal may be unfair for the following reasons:

  • Your employer didn’t have a fair reason to dismiss you. Fair reasons include conduct, capability or qualifications, redundancy, inability to perform a legal requirement of the job, or some other substantial reason.
  • Your employer acted unreasonably
  • Your employer failed to follow a fair procedure e.g. failing to provide you with an opportunity to explain your version of events
  • Your dismissal was an automatic unfair dismissal e.g. because you are pregnant or raised a health and safety concern.

Constructive dismissal is a type of unfair dismissal which occurs when you resign because your employer has committed a very serious breach of your contract of employment. However, resigning can be a very risky course of action and we recommend that you take urgent legal advice.

Whistleblowing occurs where a worker makes a protected disclosure of information that is in the public interest. It is automatic unfair dismissal to dismiss a whistle blower.

Our employment solicitors are experts in dealing with unfair dismissal claims.  Whether you have been dismissed for gross misconduct, capability, ill‑health, raising health and safety concerns, whistleblowing, or for any other reason – we know what your rights are.  We know the correct procedure that your employer should have followed.  We will analyse your case meticulously and help you to decide the best course of action, whether that be reinstatement, re‑engagement, financial compensation or simply an apology – and a good reference – from your former employer.

If you have been the victim of an unfair dismissal or constructive dismissal, we will provide you with all the support that you need, from taking initial instructions, assessing the merits of your claim, considering the best strategy, attempting to obtain an amicable settlement to representing you at an Employment Tribunal hearing if required. We can often agree to deal with your case on a No Win No Fee basis – offering you extra peace of mind.


News & Insights

Christmas has arrived!

Christmas has arrived at Guy Williams Layton, Liverpool and Heswall offices.  We close for Christmas at 5pm on 23rd December 2021 and re-open at 9am on 4th January 2022. We wish all our clients, past and present, and everyone we work with a lovely Christmas and New Year

Background image