Employment Law
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Unfair dismissal advice uk

We are a firm of solicitors that operates in all areas of employment law.

We are able to deal with unfair dismissal claims throughout the United Kingdom. We offer free advice on whether you have a good case, how to start a claim and how much it will be worth. We give clear advice on how we finance your case which may include no win no fee arrangements in appropriate cases. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
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Thousands of people are dismissed every year in the UK. The law is very complex and by no means clear. When working out whether employment has been wrongfully terminated a tribunal needs to look at many different things. We know how complex employment law can be and below we have provided a simple guide of what is necessary to qualify for compensation.

Are you an employee?
An employee is a person who works under a contract of employment for his/her employer, whether this is a written or oral contract. Such a contract will usually involve the employer paying the employee regular wages; giving the employee specific tasks to do; and providing them with the necessary tools and equipment for their job. A person who is self-employed cannot claim for unfair dismissal. It is generally easy to establish whether you are an employee, but there are occasions when someone may consider themselves to be an employee (eg their employer deducts tax and National Insurance contributions from their salary), but an Employment Tribunal will decide that they are in fact self-employed.

Have you worked there long enough?
If your employment terminated after 1 June 1999 you must have at least 1 year's continuous employment with your employer. Holiday, maternity leave or sick leave, do not break the continuity of employment.

Are you below normal retirement age?
You must be below 65 or below the normal retirement age at the time that your employment terminated in order to be able to claim.
 

Are you out of time?
You must make an application to the Employment Tribunal within 3 months of the date of the termination of employment. This is an absolute time limit and applications outside the 3 month limit are rarely accepted. You must therefore submit your unfair dismissal claims within the time limit, even if you are still going through your company's complaints' procedure.
 

Was it fair or potentially fair?
"Was it for a fair reason?" If it was not then you may have a claim. It is for the employer to show that the reason for termination was at least potentially fair. The legislation lists a series of categories which are either automatically unfair, or potentially fair.

There are a few circumstances which are automatically fair.
Automatically Unfair - relates to trade unions - membership, taking part in activities, refusal to become a member. Unfair selection for redundancy - normally termination of employment on the grounds of redundancy is potentially fair (see below). However it becomes automatically unfair if the employee was selected for redundancy for an inadmissible reason, or in breach of an agreed procedure such as "last in - first out".
pregnant employee - it is automatically unfair to dismiss a female employee because she is pregnant, or for any reason connected with her pregnancy, unless her pregnancy renders her incapable of doing her normal work and there is no other suitable work that can be offered to her
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If we represent you we guarantee:

We work on a No win No fee basis

You deal with regulated solicitors from the moment you call

Your claim will be handled by competent employment law professionals

We can help you with a cycle accident compensation claim. Our firm has the following legal accreditations:

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Useful legal links

Women & equality - Government advice

Equal Opportunities Commission

Direct Gov employment site

Worksmart (TUC)