Specialist solicitors for unfair and wrongful dismissal

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.