Unfair dismissal
If you believe that you have been unfairly dismissed, our employment solicitors will look at your individual case and advise on the best steps to take..
Generally, you need to have at least two years’ continuous service with your employer to be able to bring an unfair dismissal claim. However, there are a few exceptions including, for instance, when there is a whistleblowing dismissal or when the dismissal is connected with pregnancy or maternity.
To defend a claim for unfair dismissal, your employer must show a fair reason for your dismissal, such as conduct, performance or redundancy, and carry out a fair procedure. The procedure that the employer will be required to follow will depend on the reason for dismissal and the circumstances of the case.
Our expert employment solicitors are highly experienced in evaluating claims and will assess the appropriate course of action for you. It may, for instance, be sensible to seek to negotiate a deal, rather than pursue lengthy litigation but each case will of course depend on the circumstances.
You may have a claim for constructive unfair dismissal where your employer fundamentally breaches your employment contract, and you resign swiftly because of the breach. Your employer might have breached an express term or an implied term, such as the implied term of trust and confidence. It’s essential that you obtain legal advice before resigning and at the earliest opportunity.
Talk to one of our expert employment law solicitors today so that we can advise you on your options.