Unfair Dismissal Solicitor

Unfair DismissalAn Unfair Dismissal in the UK is unlawful. Further, being dismissed from your job is both stressful and upsetting. As well as impacting your income, it can also affect your reputation and your future career. If you believe that your dismissal was unfair, for example, because your employer did not have a fair reason to dismiss you or followed an unfair process, you may be entitled to claim unfair dismissal. To claim unfair dismissal you must have been continuously employment for at least 2 years. However, if you have less than 2 years of service, there are potentially alternative claims that can be made.

At Toner Legal, we specialise solely in employment law, meaning we have a high level of expertise. We routinely represent employees in unfair dismissal claims and have a proven record of success in bringing cases against employers.

We understand how daunting it may seem to start a claim and we will make sure you have the support you need throughout.

There are strict deadlines for starting an unfair dismissal case, so you are strongly advised to speak to a lawyer as soon as possible.

Our unfair dismissal services include:

  • Advising you of your rights and whether you have a valid claim for unfair dismissal
  • Going through your options with you and establishing what you want to achieve
  • Preparing a strong case and notifying your employer of your claim
  • Negotiating to try and settle your case
  • Taking your case to an employment tribunal

Advising you of your rights and whether you have a valid claim for unfair dismissal

As an employee, you can be fairly dismissed if:

  • Your employer had a fair reason;
  • The reason was enough to justify dismissal; and
  • The correct dismissal procedure was followed.

If your dismissal does not meet these criteria, it could be unfair. We can go through what happened and let you know whether you have grounds for making an unfair dismissal claim. As referenced above, you must have at least 2 years of continuous service to claim unfair dismissal, but there are exceptions.

Some reasons for dismissal are automatically unfair, including dismissal because:

  • You have raised health and safety concerns
  • You are a whistleblower
  • You are a trade union member or representative
  • You were enforcing a legal right
  • You requested flexible working
  • You are being forced to retire

If you have been dismissed for a reason that is automatically unfair, you can claim against your employer even if you have not worked for them for two years. If your dismissal was an act of discrimination, then this type of claim does not have a minimum period of service.

Going through your options with you and establishing what you want to achieve from your case

Once we have discussed the strength of your case with you, we can consider what your preferred outcome is. We frequently secure compensation for victims of unfair dismissal, but it may also be possible to ask your employer to reinstate you if this is something that you want.

We can discuss the pros and cons of this. If you are reinstated, your employer will be legally bound to treat you as if you had never been dismissed and to take you back with the same rights and benefits that you had before.

In some cases, employees may feel that their relationship with their employer is at an end. If you do not wish to return, we can represent you in negotiating a financial settlement.

Preparing a strong case and notifying your employer of your claim

We will put together a solid case, including all available evidence in support. We can then notify your employer of your claim. They may be prepared to enter into negotiations, or they might defend the case. We have extensive experience in bringing unfair dismissal claims and whichever option they choose, we will put your case robustly.

Negotiating to try and settle your case

If your employer is prepared to pay you compensation for what has happened, we will calculate the amount we believe you should receive.

You will generally be entitled to both a basic award and a compensatory award. The basic award is calculated by looking at the length of your employment, your age and your gross salary.

The compensatory element is based on a range of factors, including loss of earnings, future loss of earnings, loss of employment rights and loss of pension and other benefits.

We are strong negotiators and will work to secure the best possible offer of compensation on your behalf.

Taking your case to an employment tribunal

If the amount offered is too low or your employer will not settle your claim, we can prepare your case for an employment tribunal. You will be represented by an expert employment barrister and we will ensure that you are thoroughly prepared and have the support you need.

Contact our unfair dismissal UK lawyers

Being unfairly dismissed can feel devastating and you are entitled to take steps to protect yourself and secure compensation. If you believe you have been unfairly dismissed, contact our expert unfair dismissal lawyers today and we will take action on your behalf to enforce your rights.

Get In Touch

Please call us on 0207 118 9218 or complete a Free Online Enquiry and we will be in touch.