Specialist solicitors for unfair and wrongful dismissal.

What’s the difference between unfair dismissal and wrongful dismissal?

Wrongful dismissal concerns your employment contract being broken by your employer.

Unfair dismissal a statutory claim that requires 2 years of service and focuses more on why and how you were dismissed.

Constructive dismissal is where you are forced to leave your job against your will as a direct result of your employer’s conduct. Behaviour examples could include:

Your employer does not pay you or demotes you without reason
Your employer forces you to accept unreasonable changes to how you work that go against your contract
Your employer lets other employees harass or bully you

Men employee are describing the employment history of the employer about his work experience.

Unfair dismissal

What makes a dismissal unfair?

Fairness of reasons for dismissal:

Employment Tribunals rarely question a dismissal decision unless it had no valid basis, making it difficult to win a claim on the reason for dismissal alone.

How you handle the procedure:

Employers are commonly found in the wrong for how they dismissed someone instead of why. Failing to follow proper procedures, such as giving the employee a chance to respond or a right of appeal, can be enough to make a dismissal unfair.

Commons reasons for dismissal include:

Redundancy – if the redundancy process wasn’t conducted fairly or followed selection criteria outlined in company policies.

Capability – dismissal due to performance issues.

Gross misconduct – if the dismissal was triggered by your conduct such as theft, fighting in the workplace or other serious misconduct.

If successful, your compensation will consist of two parts, a basic award and earnings compensation.

Wrongful dismissal

What is wrongful dismissal?

A breach of employment contract that usually includes either:

a lack of proper notice

or dismissal without proper reason

unpaid salary or bonuses

Can you claim in the Employment Tribunal for wrongful dismissal?

No, you can’t. You must claim in the civil courts and many wrongful dismissal claims are high value claims, so they can end up in the High Court.

Compensation is limited to what you were contractually entitled to, most commonly your notice pay.

Unlike Employment Tribunals, court costs are at risk in wrongful dismissal cases. If unsuccessful you may be ordered to pay the employer’s legal costs as well as your own.

If you think you have a wrongful dismissal claim, speak to one of our specialist employment solicitors today, we’ll guide and support you through each step.

Can I resign and still make a claim?

Yes, if your employer’s behaviour made your work unsustainable, you may be able to resign and still claim constructive dismissal.
How long do I have to make an unfair dismissal claim?

You have three months minus one day from the date of your dismissal.
Do I need a solicitor to make a dismissal claim?

It’s not a requirement, but having a solicitor significantly improves your chances of a successful outcome.

Other useful pages

Discrimination

Including, but not exclusively, race, gender and sexual orientation.

Contractual and advisory

Legally binding agreements.

Harassment

(Un)intentional unwanted conduct.

Settlement Agreements

Navigating the mutual termination of your employment.

Whistleblowing

Raising concerns against your employer’s actions.

TUPE

Protecting your rights when the business you work for changes owner.

What our clients say

They brought clarity to complex problems, breaking down barriers and delivering innovative solutions. I was truly impressed by how quickly their strategies turned into real, tangible outcomes, driving measurable growth and success for our business.