If you have been dismissed by an employer without good reason or if you think your employer has failed to follow their procedures, you may have an unfair dismissal claim.

Our Employment Solicitors and Barristers provide a clear and objective assessment of your potential claim so you can make an informed decision on whether to bring an unfair dismissal claim. Taking early independent legal advice can help you decide what action is in your best interests. Our Employment Solicitors and Barristers will support and guide you through any settlement negotiations or Employment Tribunal proceedings.

Initial Telephone Discussion

Our highly experienced solicitors will provide expert advice and assist you. Please call us for an initial no-charge discussion on 01256 460830 or email us at [email protected].

As stated above the general rule is that unless you fall within one of the exceptions, if you wish to claim that you have been unfairly dismissed you will need to have been continuously employed for 2 years and will have to prove that your dismissal was unfair.

Claims for unfair dismissal include:

• Dismissal without a fair reason
• Performance related dismissals which are disputed
• Conduct dismissals which are disputed
• Capability dismissals which are disputed
• Unfair selection for redundancy
• Unreasonable conduct of employer
• Failure of employer to follow proper procedures
• Constructive and unfair dismissal due to a fundamental breach of conduct
• Failure to renew fixed term and temporary contracts after requisite length of service

An unfair dismissal claim must be presented to the Employment Tribunal Service within 3 months of the effective date of termination of employment (subject to any extension of time during the requirement for ACAS Early Conciliation or upon its conclusion). The deadline for making a claim is strict, although it can sometimes be extended if there are genuine exceptional circumstances.

It is always recommended that you take independent legal advice at the earliest possible time, preferably before starting ACAS Early Conciliation (which is a requirement before you can issue a claim in the Employment Tribunal) and certainly before issuing a claim in the Employment Tribunal.

Constructive Dismissal

If you feel that you have been treated so badly by your employer and they have breached your contract of employment to such an extent that you have no option but to resign then you claim would be for constructive unfair dismissal. Our Employment Solicitors and Barristers would advise employees in this position to contact us for advice before resigning as negotiating a settlement agreement and amicable exit will invariably be much less stressful for the employee and often more lucrative than having to bring a claim.

Remedies for Unfair Dismissal

If it is established that you were unfairly dismissed from your employment you can apply for:

• An order for compensation
• An order for re-engagement – barely ever made
• An order for reinstatement – barely ever made

Settlement Agreements for Unfair Dismissal

You may choose to resolve your unfair dismissal dispute with your former employer by negotiating a Settlement Agreement rather than taking your employer to an Employment Tribunal. A settlement can reduce the time, expense and stress of a claim, but it is important to take expert legal advice on the settlement proposals and the wording of the Settlement Agreement. We can also seek to negotiate your settlement agreement for you

Our Fees

Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.

How to get in contact

Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].

Our offices are based in Basingstoke and we assist clients across the country.