Unfair dismissal solicitors

Losing your job can be a distressing and overwhelming experience, especially if you don’t think you did anything to deserve it. If you believe you’ve been dismissed unfairly, seeking expert legal assistance is essential.

At Monaco Solicitors, we specialise in unfair dismissal claims, providing comprehensive unfair dismissal advice to employees and workers across the UK. Whether you need guidance to challenge a dismissal, to take your case to an unfair dismissal tribunal, or to negotiate a settlement for unfair dismissal, our experienced team is here to support you.

This page gives you further detail about the services we offer as unfair dismissal solicitors. See also our Guide on unfair dismissal settlements and compensation which gives you more information about what unfair dismissal is and how to deal with it.

Legal assessment of your dismissal

Was your dismissal fair or unfair?

Under unfair dismissal law, your employer must have a valid reason for terminating your employment and follow a fair process. Your dismissal may be considered unfair if:

• There was no genuine reason for the dismissal. Your employer must demonstrate clear, factual grounds for ending your employment, such as misconduct, poor performance, or redundancy. If your employer can’t provide credible evidence supporting their decision, your dismissal may lack a legitimate basis and could be deemed unfair.
• Your employer did not follow the correct procedures. Employers must adhere to specific procedural steps when dismissing an employee, including providing clear warnings, conducting thorough investigations, and offering reasonable opportunities for you to respond. If these protocols were ignored or improperly carried out, your dismissal might be considered procedurally unfair.
• The reason for your dismissal was ‘automatically unfair’ (e.g., discrimination or whistleblowing – see below and our unfair dismissal guide for more). Certain reasons for dismissal are explicitly prohibited by unfair dismissal law, such as termination based on age, gender, ethnicity, or raising concerns about workplace wrongdoing. If your dismissal falls into one of these protected categories, it is automatically unfair regardless of other circumstances.
• You were dismissed for exercising your legal rights (e.g., requesting maternity leave or joining a trade union). It is unlawful for employers to penalise you for asserting your statutory entitlements, including taking family-related leave, asserting health and safety rights, or union participation. Any dismissal related to exercising these protected rights would typically be considered unfair and may entitle you to compensation or reinstatement.

Our unfair dismissal solicitors can assess the circumstances of your dismissal and determine whether you have grounds for an unfair dismissal claim.

 

Understanding your rights after being dismissed

If you have been dismissed, you have the right to:

• Request a written explanation for your dismissal if you have worked for your employer for at least two years.
• Challenge your dismissal through internal grievance procedures.
• Make a claim for unfair dismissal to an employment tribunal if your dismissal was unfair or unlawful.

Understanding these rights can help you take the necessary steps to get justice and compensation.

Challenging an unfair dismissal

Steps to take if you suspect your dismissal was unfair

1. Review your contract and company policies to understand the terms of your employment and any dismissal procedures.
2. Request a written explanation from your employer regarding the reason for your dismissal.
3. Raise a formal grievance with your employer.
4. Seek legal advice from an unfair dismissal solicitor to assess your case.
5. Consider making an employment tribunal claim if the issue cannot be resolved amicably.

How to challenge an unfair dismissal

Challenging an unfair dismissal claim requires gathering strong evidence, such as:

• Your employment contract,  dismissal letter and any company policy document which appear to contradict your dismissal.
• Emails, messages, or witness statements supporting your case.
• Records of any grievances or disciplinary actions leading up to your dismissal.

Our solicitors for unfair dismissal can help you build a strong case and represent you in negotiations. They can also give you some support if your employer won’t negotiate and you have to take your case to an unfair dismissal tribunal.

Negotiating a settlement after unfair dismissal

Can you settle an unfair dismissal claim out of court?

Yes, many unfair dismissal claims are settled outside of court through negotiations with your employer. A settlement with a settlement agreement provides a much faster resolution and avoids the stress of a tribunal hearing.

Maximising your compensation through settlement agreements

Settlement agreements allow you to:

Secure a financial pay out for your unfair dismissal
Receive a reference from your employer as part of your settlement agreement
Avoid lengthy tribunal proceedings

Our unfair dismissal solicitors can negotiate on your behalf to ensure you receive the best possible outcome.

 

Employment tribunal representation

Taking your unfair dismissal claim to an employment tribunal

If your employer refuses to settle, you may need to take your case to an employment tribunal. The process involves:

1. Submitting a claim to the employment tribunal within three months (less one day) of your dismissal
2. Early conciliation via Acas to attempt a resolution before proceeding
3. Attending a preliminary tribunal hearing to plan your final hearing with a judge
4. Attending a final tribunal hearing, where evidence is presented, and a decision is made by the tribunal judge/s
5. Receiving a tribunal verdict, which could result in compensation or reinstatement

How Monaco Solicitors can help you with an employment tribunal claim

Our unfair dismissal solicitors have extensive experience in working with clients on their employment tribunal claims. We currently offer help with

• Case preparation and legal strategy
• Negotiation of settlements to maximise unfair dismissal compensation

Remember, negotiations for settling out of court don’t have to stop just because you have submitted an employment tribunal claim.

Your case may have a chance of being settled out of court – by way of a negotiated settlement agreement. If that’s the case, we are No Win No Fee unfair dismissal solicitors and so may be able to offer you No Win No Fee terms for representing you.

However, if your employer refuses to negotiate, or negotiations have failed, then you may have no choice but to go through the entire employment tribunal process, to an employment tribunal hearing. In those circumstances, we can offer you some support, but it would usually be on an hourly fee basis, and not on No Win No Fee terms.

A decision about whether and how we can help you with preparing for an employment tribunal hearing depends on a variety of factors. These include our capacity at the time you approach us, the complexity of your case and the strength of the evidence you have in support of your case.

Although we do not offer legal representation at the employment tribunal hearing itself, we may be able to help you locate a suitably qualified barrister who could. You would have to pay a barrister directly for their services and in addition to any fees payable to Monaco Solicitors for our services.

Unfair dismissal due to discrimination or whistleblowing

1] Discrimination

Have you been dismissed due to discrimination? Here’s a brief overview of your rights and a real-life example:

If your dismissal is based on discrimination (e.g., race, gender, disability, pregnancy), it is automatically unfair. In such circumstances, you may be entitled to unfair dismissal compensation and additional damages under the Equality Act 2010. For more about automatically unfair dismissals, see above and also our unfair dismissal guide.

An example of a recent (December 2024) real-life automatically unfair case is where an employment tribunal awarded over £10,000 to Maja Ginter, a care home receptionist, after her employer ignored her communications during maternity leave, leading to a ruling of pregnancy discrimination and unfair dismissal.

A case like this underscores the legal protections against discriminatory dismissals and the potential for substantial compensation.

2] Whistleblowing and unfair dismissal: what you need to know

The Public Interest Disclosure Act 1998 (PIDA) protects employees who report workplace wrongdoing—commonly known as whistleblowing—from unfair dismissal and detrimental treatment. See our Whistleblowing guide for further details.

If you’ve been dismissed for reporting wrongdoing in your workplace, your dismissal is likely to be automatically unfair and you can challenge it in an unfair dismissal tribunal.

For example, in February 2025, Josie Stewart, a civil servant, won her unfair dismissal tribunal case after being dismissed for leaking information about the UK’s evacuation from Kabul in Afghanistan, with the tribunal affirming that her actions were in the public interest.

This case is a good example of unfair dismissal following whistleblowing. If you are aware of the legal protections available to you in similar circumstances, you have a head start in making a successful unfair dismissal claim for whistleblowing.

 

Why choose Monaco Solicitors to help you with an unfair dismissal compensation claim?

There are plenty of reasons why you would be well advised to choose Monaco Solicitors to help you with your unfair dismissal compensation claim. For example, we are:

• Specialists in unfair dismissal law, representing only employees and workers.
• Friendly and approachable professionals who will explain legal issues to you in plain English and offer you honest, unbiased advice on the strength of your case. We also offer:
• No win no fee unfair dismissal claim options for selected cases.
• A proven track record in securing maximum compensation for clients.
• National coverage, with lawyers who are highly skilled in conducting remote consultations.

 

FAQs about unfair dismissal

Here are some questions that we frequently get asked about aspects of unfair dismissal.  Have a quick look, as some of them may well be relevant to your circumstances.

What is unfair dismissal?

Unfair dismissal occurs when an employer terminates an employee’s contract without a valid reason or fails to follow a fair procedure.

What is the difference between unfair dismissal and wrongful dismissal?

Unfair dismissal is when an employee is dismissed without a fair reason or process. Wrongful dismissal relates to a breach of contract, such as not paying you, or not giving you proper notice. See more in our wrongful dismissal and gross misconduct guide.

What counts as unfair dismissal?

Dismissals due to discrimination, whistleblowing, asserting statutory rights, or where the employer has no fair reason may be considered unfair.

How can unfair dismissal be proved?

Evidence such as employment contracts, emails, witness statements, and dismissal letters can help prove an unfair dismissal claim.

What is the average pay out for unfair dismissal in the UK?

Pay outs vary but can include basic awards – similar to redundancy pay – and compensatory awards for lost earnings. (See our guide on Unfair Dismissal for more.)

Can I claim unfair dismissal if I was working for my employer for under 2 years?

Generally you need two years of service, but exceptions exist for cases involving discrimination or whistleblowing.

How long after dismissal can I make a claim for unfair dismissal?

You must file a claim within three months minus one day from your dismissal date.

How long does an unfair dismissal claim take?

The process can take from several weeks to over a year, depending on whether a tribunal hearing is required.

What is automatically unfair dismissal?

Dismissals for reasons such as pregnancy, whistleblowing, or trade union activities are automatically unfair.

Can you make a claim for unfair dismissal during probation?

Yes, if the dismissal was based on discrimination, whistleblowing, or another automatically unfair reason, you can make an unfair dismissal claim during your probationary period.

 

What next?

Monaco Solicitors are specialist UK employment law solicitors. Our expert unfair dismissal solicitors have between them successfully represented hundreds of individuals who have been unfairly dismissed.

We offer friendly and expert advice on unfair dismissal law and excel in negotiating financial compensation for our clients’ unfair treatment by way of settlement agreements. If you’d like to know more about our services and your options, please get in touch:

Online: complete our case details form
Email: communications@monacosolicitors.co.uk
Phone: 020 7717 5259