Unfair & Constructive Dismissal Solicitors
Our unfair dismissal solicitors advise and represent employees in cases where they have been dismissed unlawfully. Few things are more challenging than losing your job and unfair dismissals can be even more difficult. We will help you throughout the whole process, handling the legal complexities so that you can concentrate on getting back on your feet.
Compensation for unfair dismissal
You can claim compensation if your former employer has treated you unfairly. In some instances, you could even take the case before an employment tribunal to secure an order for the company to hire you again. Whichever option you choose to pursue, it’s possible that you will run into legal complexities. The processes themselves also tend to be lengthy, daunting ordeals.
Richard Nelson LLP’s specialist employment solicitors understand the legal processes inside out. We’ll advise you on the options available to you at any given time, helping you to make the decision that leads to the best possible outcome. When you have decided the option you would like to pursue, we will continue to work with you throughout the entire process.
Grounds for unfair dismissal
There are several things to check to see if you have grounds for an unfair dismissal case. The nature of your employment is the first of these. Generally speaking, an unfair dismissal case can only be brought against your employer if:
- You are contractually considered to be an employee (as opposed to a contractor, for example);
- You have been an employee for at least two years; and
- There is a legal reason to consider your dismissal unfair.
It is important that you ask your employer for a written reason for your dismissal as soon as possible. Legally, they must provide an explanation within two weeks of your asking. There are a number of reasons for dismissal that are automatically considered unfair in the eyes of the law (regardless of how long you have been an employee):
- Pregnancy or maternity leave
- Asking for legal rights (like minimum wage)
- Taking action about a health and safety issue
- Refusing to work on Sunday in a shop or betting shop
- Taking part in trade union activities
- Reporting your employer for wrongdoing
If you have been employed for at least two years, it is also unfair to be dismissed for the business transferring to another employer or for not declaring a spent conviction.
Dismissal for discrimination
Former employees can also claim unfair dismissal in cases where their employer has discriminated against them, even if that discrimination is not the stated reason for the dismissal. Visit our dedicated workplace discrimination page to find out more about what legal categories exist for discrimination.
Employers can still legally dismiss employees who fall into one of the potential discrimination categories (for example, a pregnant woman), but a legal dismissal must be for a valid reason unconnected to discrimination.
Working with Richard Nelson LLP following an unfair dismissal
Our unfair dismissal solicitors will work with you to determine if you have a case for unfair dismissal and, if so, to bring your case to your employer or an employment tribunal. Some cases are more complex than others, depending on your previous employment status and your employer’s stated reason for the dismissal.
Whatever your situation, we will help you to understand the options available to you and work with you to achieve the best possible outcome. Our employment solicitors are active across the UK and will be happy to meet with you in a convenient location or remotely, depending on your preference. Simply fill out the form at the top of this page to start the conversation with us.
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For more information about the services we can provide and about how we can help you and your business, contact us.
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Paying for unfair dismissal solicitors
An Employment Tribunal expects each party to pay its own legal fees regardless of the outcome of the case. For more information, read our unfair dismissal solicitors’ pricing information.
For employees, we may be able to act for you on a “no win, no fee” basis, under a Damages-Based Agreement. However, this will be dependant on your case and the specifics of what’s involved.