Unfair Dismissal Claims Solicitors

What is Unfair Dismissal?

Your employer cannot legally dismiss you from your job for any of the following reasons:

• Taking part in lawful industrial action, lasting less than 12 weeks
• Whistleblowing
• Enforcing your legal rights at work
• Asserting your right to make a flexible working request
• Taking entitled maternity, paternity or adoption leave
• Jury duty
• Joining a trade union

These reasons for dismissal are classed as automatically unfair.

But you can be fairly dismissed for any of these reasons:

• Capability e.g. poor performance
• Misconduct
• Redundancy
• Your employment amounting to a breach of the law

If your employer made your life so difficult at work that you had no choice but to leave your job, you could have a constructive dismissal claim. Just call 0808 258 3531 and speak to one of our Employment Lawyers or ask us to call you back and we’ll review your situation.

Your Employment Status and Unfair Dismissal Claims

Not all individuals have the same employment law rights so it’s important to check your employment status before making an unfair dismissal claim.

You must be classed as an employee, whether full time, part time or on a fixed-term contract.

If you’re self-employed, an agency worker, a police officer or in the armed forces, you unfortunately don’t have the same employment rights.

We can look at your employment contract and establish your employment status if you’re unsure where you stand.

Minimum Length of Service for Unfair Dismissal Claims

You usually have to have at least 2 years’ service with your employer to make an unfair dismissal claim, but if you’ve been dismissed for an automatically unfair reason, this time limit does not apply.

If you’re not sure, give us a call and we can talk it through with you.

Making an Unfair Dismissal Claim

Our Employment Law Solicitors will bring their years’ of experience and expertise to your unfair dismissal claim. You may have other options to consider such as:

• Taking your unfair dismissal claim to an Employment Tribunal
• Approaching your employer to discuss a Settlement Agreement
• Making a discrimination at work claim, if you’ve been dismissed because of a protected characteristic such as race, sex or religion
• Making a claim for constructive dismissal if you’ve left your job because of your employer’s misconduct

Every situation is different so we always recommend getting legal advice from an Employment Solicitor as soon as you can.

You only have 3 months less than 1 day from your last day of employment to make an unfair dismissal claim, so you must act quickly.

People We’ve Helped

Paying For Your Unfair Dismissal Claim

Our Employment Solicitors and Lawyers have different hourly rates depending on their level of experience. We’ll discuss fees and funding options up front with you and be open about any additional charges along the way.

We can sometimes accept Legal Expenses Insurance, subject to the agreement of your insurer.

Get in touch with our Employment Solicitors today and we’ll be happy to talk through your options.

Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.