Dismissal Solicitors for Employees

A dismissal occurs when an employee’s contract of employment is ended by their employer, whether with notice, without notice, or through a settlement agreement.

It also includes situations where an employee resigns due to their employer’s actions — known as constructive dismissal — for example, if the employer breaches the contract or makes working conditions intolerable.

At Harcourt Stirling Solicitors, we advise on all types of dismissal, including unfair, wrongful, constructive, and redundancy-related cases, helping you understand whether your situation qualifies as a dismissal and what legal options are available.

Dismissal can occur for a variety of reasons, depending on the circumstances of the employment and the actions of the employer. The most common include:

• Redundancy: The role is no longer required, often due to business restructuring, downsizing, or financial pressures.
• Performance-related dismissal: Where an employer believes an employee is not meeting the standards required for the role.
• Conduct-related dismissal: Where an employee has engaged in behaviour that breaches company policies, such as misconduct or gross misconduct.
• Breach of contract or unlawful actions by the employee: Including acts that compromise the business or violate contractual obligations.
• Other reasons: Including incapacity, refusal to follow lawful instructions, or other potentially lawful reasons.

Some dismissals may also be unfair, wrongful, or constructive, for example if the employer fails to follow proper procedures, discriminates, or makes working conditions intolerable.

Harcourt Stirling Solicitors can help you understand the reason for your dismissal, assess whether it was fair and lawful, and advise on the appropriate course of action to protect your rights and interests.

Yes. Even experienced employers can make errors when dismissing staff, from failing to follow proper procedures or contractual obligations to overlooking statutory rights. Mistakes can occur in all types of dismissal, including redundancy, performance-related, conduct-related, or senior executive exits.

Identifying these errors early is crucial, as they can strengthen a claim for unfair, wrongful, or constructive dismissal.

Our dismissal solicitors can review your case, identify any mistakes, and guide you on the appropriate course of action to protect your rights, career, and financial interests.

It depends on the type of dismissal claim. For most statutory unfair dismissal claims, employees must have at least two years’ continuous service. However, there is no minimum service requirement for claims relating to automatically unfair dismissals, such as discrimination, whistleblowing, pregnancy, or asserting certain statutory rights.

For wrongful dismissal claims based on breach of contract, length of service is not a requirement, and for constructive dismissal, the two-year threshold generally applies unless the reason is automatically unfair. Similarly, statutory redundancy pay usually requires a minimum of two years’ service.

The evidence you need depends on the type of dismissal claim, but many types of documents are relevant across the board. For all claims, it’s helpful to gather your employment contract, correspondence with your employer, performance records, and any notes from meetings or consultations.

• For unfair dismissal, evidence showing whether proper procedures were followed, consultations took place, and fair criteria were applied is key.
• For wrongful dismissal, documents that demonstrate breaches of your contract, such as notice periods or pay entitlements, are particularly important.
• For constructive dismissal, you’ll need evidence that employer actions or breaches made it impossible to continue working, such as emails, meeting notes, or other documentation of intolerable conditions.
• For redundancy-related claims, correspondence about the selection process, consultation notes, and redundancy notices are crucial.
• For senior executive dismissals, contracts, bonus or share agreements, and other high-level employment documentation may also be needed.

Our dismissal solicitors can review your evidence, identify any gaps, and advise on how to use it effectively to strengthen your claim and protect your career, reputation, and financial interests.

The timeframe for making a dismissal claim depends on the type of claim and the circumstances:

• Unfair or constructive dismissal: You normally have 3 months less one day from the date your employment ended to start a claim in the Employment Tribunal.
• Wrongful dismissal: If you bring the claim in the Employment Tribunal, the same 3‑month limit applies. If you pursue it in the civil courts, you may have up to 6 years under contract law.
• Redundancy pay and certain other statutory claims: These may have longer limits, such as 6 months less one day.

Because the rules vary and deadlines are strict, it’s important to seek advice promptly. At Harcourt Stirling Solicitors, we can review your situation, explain the relevant time limits, and guide you on the next steps to protect your rights and options.

The length of a dismissal case varies depending on the type of claim, the complexity of the circumstances, and whether the matter is resolved through negotiation or proceeds to an employment tribunal.

Some cases can be settled in a few weeks if a settlement agreement is reached. Others — particularly complex unfair, constructive, or senior executive dismissal claims — may take several months.

Most claims also involve ACAS Early Conciliation before reaching the tribunal stage, which can add time but may help achieve a resolution without formal proceedings.

If your dismissal claim is successful, the outcome will depend on the type of claim and the remedies available. In many cases, this may include financial compensation for loss of earnings or benefits, damages for breach of contract in wrongful dismissal claims, or compensation for unfair dismissal, which can involve both a basic award and a compensatory award.

In other situations, a settlement agreement may be reached, setting out terms that protect your financial and professional interests, such as agreed references or confidentiality provisions.

The amount of compensation you may receive for a dismissal claim depends on several factors, including the type of claim you bring, the impact the dismissal has had on your earnings, and any financial losses you can evidence. Employment Tribunals use established guidelines to assess compensation, but outcomes vary widely from case to case.

Awards can take into account things like lost income, notice pay, and in some situations, additional sums for the way the dismissal was handled. Because every situation is different, it’s not possible to estimate compensation without reviewing the details of your case.

Our employment termination specialists assess your circumstances, explain the potential remedies available, and help you understand what you may be entitled to pursue.

Yes, negotiating a settlement agreement after dismissal can be a very effective way to secure your financial and professional interests without the need for a tribunal claim.

A settlement agreement is a legally binding contract that sets out the terms of your exit, including compensation, notice, benefits, references, and confidentiality arrangements.

Our dismissal solicitors can guide you through the process, reviewing your contract and circumstances, advising on what is reasonable, and negotiating with your employer on your behalf.

A carefully negotiated settlement can provide certainty, protect your reputation, and often result in a quicker, less stressful resolution than pursuing a claim through the employment tribunal.

No — in most situations, dismissal claims in the UK cannot be taken straight to court. The usual route is through the Employment Tribunal, and before you can submit a claim you must normally follow early resolution steps. This often includes raising an internal grievance or appeal, taking part in ACAS Early Conciliation, or considering a settlement agreement.

In limited circumstances — such as wrongful dismissal claims based on breach of contract — you may be able to bring proceedings in the civil courts instead of, or as well as, a tribunal claim.

Harcourt Stirling Solicitors offers a free initial consultation to discuss your dismissal case. The free initial consultation lasts 30 mins and is completely free.

It allows you to speak with an expert employment lawyer, learn about your options, and ask any questions you may have.

Harcourt Stirling Solicitors understand how difficult it can be to speak about sensitive and confidential employment matters during the normal working day – and so you can email us (or fill out the contact form) at anytime and we’ll do our best to respond to your enquiry.

You can give us a call at 020 3627 6074 from Monday to Friday 9:00 AM to 5:30 PM and one of our specialists will be happy to assist you.

Alternatively, you can fill out the contact form on our website and we’ll do our best to respond to yourdismissal enquiry as soon as we can.

Most dismissal-related claims are subject to strict time limits, so it’s important to seek advice as early as possible to ensure you understand your rights and any deadlines that may apply.

We understand that cost is a major consideration. Each matter will be weighed on its merits to determine which fee structure to apply to the individual client.

After taking your instructions and assessing your case, we will agree on one of the following funding methods with you:

• No Win, No Fee (CFA): for cases with strong merits, we may work under a Conditional Fee Agreement (CFA), meaning you do not pay legal fees unless your claim is successful.
• Fixed Fee: for specific tasks, we can work on a fixed fee basis to be agreed on engagement.
• Hourly Rates: for other matters, we apply our standard hourly rates as per our terms and conditions.

We will ensure you have a clear understanding of the applicable fees before we begin any work.