Employees have the right not to be dismissed unfairly. If an employee believes their dismissal was unjustified, they may bring a claim before an employment tribunal.
Once an employee has completed two years of continuous service, they are protected under the Employment Rights Act 1996. To dismiss fairly, you must:
• Have a valid reason for dismissal
• Follow a fair and lawful procedure
Fair reasons include:
• Lack of capability or qualifications
• Misconduct
• Redundancy
• Breach of statutory duty (e.g. a driver losing their licence)
• Some other substantial reason (SOSR)
Certain dismissals are automatically unfair—such as those related to whistleblowing, pregnancy, family leave, or trade union membership.
We provide clear, commercially focused advice to help you:
• Assess whether dismissal is appropriate
• Follow the correct disciplinary or redundancy procedures
• Comply with the Acas Code of Practice
• Respond to tribunal claims and defend your position
If a claim is made, we’ll work with you to understand the facts, evaluate your legal position, and represent you throughout the process.
In many cases, it may be possible to resolve a dispute without going to tribunal. A settlement agreement allows you to:
• Reach a confidential resolution
• Avoid reputational damage
• Prevent future claims
We can draft and negotiate settlement agreements that protect your business and provide a clean break—ensuring all legal requirements are met.
Prevention is key. We help employers:
• Draft and review employment contracts
• Implement clear disciplinary and grievance procedures
• Train managers on fair dismissal processes
• Ensure redundancy procedures are legally compliant
By putting the right documentation and processes in place, you reduce the risk of claims and create a more stable working environment.
• Extensive experience defending unfair dismissal claims
• Clear, practical advice tailored to your business
• Strong negotiators and experienced tribunal advocates
• Recognised in the Legal 500 and awarded the Law Society Mark of Excellence
Our specialist commercial lawyers offer a one-stop-shop for legal advice for all types of business – from start-ups to established companies.
All of our lawyers are specialists in their area of law. Book in for an initial discussion where we will discuss all of your options with you.
