In many instances, you need to have been employed for more than two years by your employer before gaining legal protection from unfair dismissal.
However, the two-year rule has a wide range of exceptions including dismissal on grounds related to trade union activity, maternity, health and safety, and assertion of a statutory right, making a protected disclosure (known as whistleblowing), or taking part in industrial action, among others.
We are specialist unfair dismissal lawyers in high-value and complex unfair dismissal claims, and our employment lawyers can advise you on your options based on your specific circumstances.
100% Success Rate in Contentious Cases for both Employees & Employers
Contact our employment lawyers at 0207 9657203
Employment Law Solicitors for Unfair Dismissal
If you have under 2 years’ service, your employer can lawfully dismiss you, unless you can establish that it was unfair or discriminatory.
After achieving two years of continuous employment with your employer, you (the claimant) can only be dismissed for the following fair reasons:
- Minor misconduct
- Capability
- Redundancy
- Where there is a statutory barrier to your continued employment,
- what the law calls "some other substantial reason".
For a dismissal to be fair for one of the above reasons, a proper disciplinary or consultation procedure needs to have been followed by your employer. This includes the employer giving you a full advance explanation of the reasons for taking action, details of any evidence gathered against you, and giving you the right to be accompanied at formal meetings. You also have a legal right to an internal appeal against the decision to discipline or dismiss you.
Common Mistakes Employers Make
Many employers make mistakes when taking and implementing dismissals. In disciplinary cases, they often fail to investigate concerns fully. Alternatively, they fail to give the employee full details of the evidence gathered against them and often fall into the trap of making their minds up before considering all the evidence and circumstances.
Dismissals for reasons of incapability require employers to go through a procedure of warning the employee that his or her job is at risk, and seeking medical information, if appropriate, before dismissing.
When making redundancies, many employers fail to get to grips with the complex consultation processes required or fail to put employees into the appropriate pools. Many fail to go through the required consultation processes and use redundancy situations to dismiss people whose "faces don't fit".
Our employment law specialists have expertise in digging into the details of dismissals, and regularly uncover mistakes made by employers, which can provide the basis for successful complaints of unfair dismissal to an Employment Tribunal.
We have an enviable track record of securing significant compensation for employees by way of pre-hearing Settlement Agreements, and by awards of compensation by the Employment Tribunal. We're experts in negotiating with employers, and our team relish the challenge of securing the maximum they can for our clients.
Our Legal Fees
As a firm which specialises in employment law for employees, we have a very flexible approach to legal pricing.
We have a fair hourly rate fee arrangement, with employment lawyers that are highly skilled and experienced. The charge is always agreed upon in advance, and payments can be staggered, invoiced monthly or, on occasion, at the end of a case.
In addition to this, we have many flexible funding options to suit every individual, including;
- Fixed-fee work
- Capped charges
- Damages-Based Fee Agreements (known as “no win no fee”), provided you meet our criteria.
We always encourage clients to check their home and motor policy insurance as this can include legal expenses insurance coverage that can be used to fund an employment dispute claim.
Contact Cavendish Employment Law Today
If you’ve been unfairly dismissed at work and are seeking legal advice, contact us today. As a law firm with specialist employment solicitors, we are experts at protecting and winning cases whether unfair dismissal, discrimination, ex gratia payments, whistleblowing and more.
We will be delighted to carry out a free assessment of your case and advise you of whether you have substantial grounds to make a claim against your employer.
Contact our employment team on 0207 9657203
Unfair Dismissal FAQs
What is unfair dismissal?
Unfair dismissal is a statutory right under the employment rights act 1996, that entitles the employee to certain fundamental rights regardless of their contract. For an unfair dismissal claim, you must have at least two years of continuous employment with the employer.
What is wrongful dismissal?
Wrongful dismissal is a breach of contract by the employer, with damages compensating for the lost wages from missed notice period. Claims for wrongful dismissal must be made within three months of the official termination date, with damages often a maximum of £25,000 as an employment tribunal claim, and more if brought to civil court.
What is constructive dismissal?
Constructive dismissal is a term used when the employee resigns from their job because their employer has committed a fundamental breach of their terms, often the implied duty of trust and confidence. Employees must be very clear in their employer’s conduct, with claims including pay reduction, unfair disciplinary proceedings, dramatic change to their job without appropriate consultation, and being harassed or bullied.
