Unfair dismissal is a distressing and often confusing experience. Whether you are unsure why you were let go, believe your employer acted unlawfully, or simply feel the process was handled unprofessionally, it is important to understand your legal rights. In Ferndown and across the UK, employees are protected under employment law against being unfairly dismissed. If you believe you were unfairly treated, you may be entitled to compensation or even reinstatement.
In this guide, Marley Solicitors explains how to challenge unfair dismissal legally, what qualifies as unfair dismissal, and how our team in Ferndown can help you through the process.
What is considered unfair dismissal in UK law?
Unfair dismissal occurs when an employee is terminated from their job without a good cause or without adhering to the proper procedure. Under the Employment Rights Act 1996, employees who have worked continuously for the same employer for at least two years have the legal right not to be unfairly dismissed.
Common examples of unfair dismissal
Some of the most common situations where dismissal may be classed as unfair include:
- Dismissal due to whistleblowing
- Being fired for requesting flexible working arrangements
- Termination related to pregnancy or parental leave
- Being let go for raising health and safety concerns
- Dismissal due to trade union membership or activities
- Redundancy that was not genuine or fairly applied
If any of these apply to your situation, you may have grounds to bring a claim for unfair dismissal.
Fair vs. unfair dismissal: understanding the difference
It is important to differentiate between fair and unfair dismissal. An employer does have the right to dismiss staff under certain conditions, but they must have a valid reason and follow a fair process.
Fair reasons for dismissal may include:
- Misconduct (for example, theft, harassment, or repeated lateness)
- Redundancy due to business restructuring
- Capability or performance issues
- A statutory restriction (for example, losing a required licence)
- Another substantial reason (this is often used for things like a breakdown in trust)
However, the employer must not only provide a fair reason but also implement a proper disciplinary or dismissal procedure. This includes investigating the issue, holding meetings, giving the employee a chance to respond, and considering any alternatives to dismissal.
Failing to follow this process can make a dismissal unfair, even if the reason itself is legitimate.
Who can make an unfair dismissal claim?
To bring a claim for unfair dismissal, most employees must:
- Be legally classed as an employee (not self-employed or a contractor)
- Have been employed consistently by the employer for at least two years
- Be able to prove the dismissal was unfair or the procedure was flawed
However, there are exceptions. In certain situations, you can make a claim for unfair dismissal without two years’ service. This includes cases involving discrimination, whistleblowing, pregnancy, and health and safety concerns. These are known as “automatically unfair dismissals”.
If you are not sure whether your case qualifies, our employment law team in Ferndown can assess your eligibility and provide clear advice on your options.
Time limits for challenging an unfair dismissal
One of the most important things to keep in mind is that strict time limits apply when challenging a dismissal. You must begin the process within three months, minus one day from the date your employment ended.
Before making a claim to an employment tribunal, you must also contact Acas (the Advisory, Conciliation and Arbitration Service) to go through early conciliation. This is a free and confidential service aimed at resolving disputes without the need for tribunal proceedings.
Failing to begin the process in time could mean you lose the right to claim altogether, so it is essential to act quickly.
The legal process of challenging an unfair dismissal
Here’s how the process generally works:
- Seek legal advice
The first step should always be to speak to an employment solicitor. A legal professional can help you understand whether you have a strong claim and what outcome you can realistically expect.
At Marley Solicitors, we offer confidential consultations from our Ferndown office to help you understand your position and the next steps.
- Contact Acas for early conciliation
You will need to contact Acas to initiate early conciliation before proceeding to an employment tribunal. Acas will offer to speak to your employer to try to resolve the issue informally. This process typically lasts up to six weeks.
If the dispute cannot be resolved, Acas will issue an early conciliation certificate, which you will need to proceed with your claim.
- Submit your claim to the employment tribunal
If early conciliation fails, your solicitor will help you submit a formal claim to the employment tribunal. This includes setting out the details of your dismissal, why you believe it was unfair, and what outcome you are seeking (such as compensation or reinstatement).
- Preparing for the tribunal hearing
Both sides will have the chance to submit evidence and witness statements before the tribunal hearing. Your solicitor will help you prepare your case, including gathering emails, contracts, policies, or other documentation that supports your claim.
You may also need to attend a hearing, either in person or remotely. Your solicitor will represent you and present your case to the tribunal.
- Tribunal decision and potential outcomes
The tribunal will consider all the evidence before reaching a decision. If your claim is successful, the tribunal may award:
- Compensation for loss of earnings and future financial losses
- Reinstatement (returning to your job)
- Re-engagement (returning to a similar role with the same employer)
In most cases, compensation is the most common outcome, but each case is assessed individually.
How much compensation can you claim?
The amount of compensation for unfair dismissal depends on several factors, including:
- Your length of service
- Your salary
- Your efforts to find new employment
- Any misconduct that might reduce your award
There are two main parts to compensation:
- Basic award – similar to redundancy pay, calculated based on your age, length of service, and weekly pay
- Compensatory award – covers loss of earnings, pension, benefits, and expenses
There are statutory limits to how much you can receive, although some cases (such as whistleblowing) may not have a cap.
How Marley Solicitors in Ferndown can help
Facing dismissal is never easy, especially when you feel you have been treated unfairly. At Marley Solicitors, we understand the emotional and financial impact this can have on you and your family. That is why we provide expert legal support tailored to your situation.
From our office in Ferndown, we offer:
- A free initial consultation to review your dismissal
- Clear advice on whether you have a claim
- Support through Acas conciliation
- Preparation and representation for tribunal hearings
- Negotiation of settlements, where appropriate
We aim to resolve disputes quickly and fairly, with your best interests at heart.
Common questions about unfair dismissal
Can I be dismissed without a written warning?
Yes, but only in serious cases of gross misconduct. Otherwise, most employers are expected to issue warnings before taking further action.
Can I challenge a dismissal if I was still on probation?
It is more difficult but still possible, especially in cases involving discrimination, whistleblowing, or breach of contract.
Is it worth going to a tribunal?
If you have a strong case and the potential compensation is significant, a tribunal may be the right option. Your solicitor can help you weigh the risks and benefits.
Will I need to pay legal fees?
We offer a range of funding options, including fixed fees and conditional fee agreements in some cases. We will always be clear about costs before proceeding.
Take action now
If you believe you have been unfairly dismissed, do not wait. The earlier you seek legal advice, the stronger your position will be.
Contact Marley Solicitors in Ferndown today for a confidential consultation. Let us help you take the right steps to protect your rights and move forward with confidence.
