Unfair Dismissal

Dismissed Unfairly from Your Job?

Losing your job can be one of the most stressful and challenging experiences you face. The impact can extend beyond the loss of income, affecting your confidence, career prospects, and financial security.

While employers have the right to dismiss employees in certain circumstances, they must have a fair reason for doing so and follow a fair procedure. Where they fail to do so, you may have grounds to bring a claim for unfair dismissal.

If you believe your dismissal was unjustified or handled unfairly, it is important to seek advice as quickly as possible due to the strict time limits that apply.

What Is Unfair Dismissal?

A dismissal may be considered unfair where an employer dismisses an employee without a fair reason or fails to follow a reasonable and fair procedure before making the decision.

Examples of situations that may give rise to an unfair dismissal claim include:

  • False, inaccurate, or unproven allegations of misconduct;

  • Dismissal for poor performance without adequate warnings, support, or training;

  • Failure to carry out a fair disciplinary process;

  • Unfair redundancy selection;

  • Breaches of company procedures or the ACAS Code of Practice;

  • Dismissal after raising health and safety concerns;

  • Dismissal for asserting legal employment rights;

  • Dismissal connected to whistleblowing activities;

  • Discrimination-related dismissals; and

  • Dismissals that are unsupported by evidence or carried out unreasonably.

Each case is unique and will depend on the specific facts and circumstances involved.

Eligibility to Bring an Unfair Dismissal Claim

In most cases, employees must have a minimum period of continuous service before bringing an ordinary unfair dismissal claim.

However, there are important exceptions. Certain dismissals are considered automatically unfair, meaning a claim may be available regardless of length of service.

Examples may include dismissals relating to:

  • Pregnancy or maternity;

  • Health and safety activities;

  • Whistleblowing;

  • Trade union activities;

  • Exercising statutory employment rights; and

  • Certain forms of discrimination.

Because eligibility rules can be complex, obtaining advice at an early stage is often essential.

What Remedies Are Available?

If an Employment Tribunal finds that you have been unfairly dismissed, remedies may include:

  • Compensation for financial losses;

  • Loss of earnings;

  • Future loss of earnings;

  • Loss of statutory rights;

  • Pension losses;

  • Other consequential losses; and

  • In limited circumstances, reinstatement or re-engagement.

The amount recoverable will depend on the facts of the case and the losses suffered.

Before Dismissal Has Taken Place

If you are currently involved in a disciplinary, capability, performance management, or redundancy process and believe dismissal may be imminent, it is often beneficial to seek advice before any final decision is made.

Early intervention may help to:

  • Identify procedural flaws;

  • Challenge unfair allegations;

  • Improve your position in internal proceedings;

  • Negotiate an exit package; or

  • Explore the possibility of a settlement agreement.

Taking action at an early stage can often improve the prospects of achieving a favourable outcome.

How Bridgefield Legal Can Help

At Bridgefield Legal, we provide practical and professional support to employees facing dismissal or challenging an unfair dismissal decision.

Our services include:

  • Assessing the merits of your potential claim;

  • Reviewing disciplinary and dismissal procedures;

  • Advising on redundancy and capability dismissals;

  • Assisting with appeals against dismissal decisions;

  • Negotiating settlement agreements;

  • Supporting clients through ACAS Early Conciliation;

  • Preparing Employment Tribunal claims and responses; and

  • Providing Employment Tribunal representation.

We understand the impact dismissal can have on your personal and professional life and aim to provide clear, straightforward advice from the outset.

Time Limits

Strict deadlines apply to unfair dismissal claims.

In most cases, a claim must be commenced within three months less one day from the effective date of dismissal. Missing this deadline can result in the loss of your right to pursue a claim.

For this reason, it is important to seek advice as soon as possible.

Make an Enquiry Today

If you believe you have been unfairly dismissed or are concerned about an ongoing disciplinary or redundancy process, contact Bridgefield Legal for a free initial consultation.

📞 Call us on 0141 255 1068 or book a free consultation to discuss your circumstances with an experienced adviser.

We will assess your situation, explain your rights, and discuss the most appropriate strategy for resolving your matter, whether through appeal, negotiation, settlement, or Employment Tribunal proceedings.

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