Unfair Dismissal Claims
Unfair Dismissal Solicitors and Legal Advice Nottingham
Unfair dismissals can damage your future job prospects. Have you been a victim of dismissal that you think may have been unfair?
Our Employment Solicitor Natalie Abbott is on hand to give you straightforward legal advice.
What is unfair dismissal?
Unfair Dismissal Solicitors for Employees – has your employer treated you fairly throughout the dismissal process?
An unfair dismissal is when your employment contract is terminated without a proper reason or contrary to another law. Your rights as an employee to not be unfairly dismissed are protected under the Employment Rights Act 1996.
What are the potentially fair reasons for dismissal?
It is possible to dismiss someone fairly for one of the reasons listed below. However, just because an employee was dismissed for one of these reasons, does not make it automatically fair.
The key question is whether your employer has dismissed you for a potentially fair reason and whether they followed the correct dismissal procedure in doing so.
This may be a single act of serious (gross) misconduct or a series of acts that are less serious. Some examples of gross misconduct include:
- disobeying reasonable orders
- refused to work
- repeated poor attendance
- breach of contract
- disclosure of confidential information
All of these can be a fair reason to dismiss an employee. In some cases, conduct can be the reason for automatic unfair dismissal without a notice period.
This is a potentially fair reason. However, your employer will need to establish that it acted reasonably in all the circumstances in dismissing you for the reason of redundancy.
Capability or qualifications
Capability should be assessed by reference to your skill, aptitude, health or any other physical or mental quality. The question of capability must relate to the work that you were employed to do. In practice, capability dismissals are often due to poor performance or ill health.
Qualification refers to any degree, diploma or other academic, technical or professional qualification that is relevant to your position.
A dismissal is potentially fair under this ground provided that your continued employment would be illegal. For instance, if you were employed as a delivery driver and you were disqualified from driving. In this case, your employer would most likely utilise the above ground to dismiss you.
Some Other Substantial Reason (“SOSR”)
This covers a wide range of factual situations. Your employer may rely on this ground if you have committed an act that damages the relationship of trust and confidence between you both.
In order to show SOSR, it is only necessary for your employer to establish a reason for dismissal which is of a kind that could justify your dismissal. It is not necessary to show that it actually did justify the dismissal.
Why are my rights during the dismissal process?
You still have certain legal rights when facing a dismissal. And your employer should take certain steps before deciding to dismiss you.
This may include carrying out a fair and reasonable investigation or consultation to establish the facts and allowing you to appeal.
Am I entitled to compensation for unfair dismissal, and what compensation could I receive?
If you have worked for your employer for 2 years or more, then you may be entitled to an award for unfair dismissal. This is called the qualifying period.
There are limits to the circumstances in which you may be able to bring an unfair dismissal claim without having worked for your employer for 2 years. For example, if you were dismissed for asserting a statutory right or in connection with trade union activities. We would explore eligibility to bring a claim with you at the outset.
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Natalie is an Employment Law specialist with over 10 years’ experience representing both businesses and individuals
Employment Law Specialist
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020