Unfair or wrongful dismissal

Unfair or wrongful dismissal claims

If you believe you’ve been unfairly dismissed from your job, taking quick and decisive action is crucial. Unfair dismissal occurs when an employer terminates your contract without a valid reason or without following the proper legal process.

Many employees find themselves overwhelmed in this situation, but you don’t have to face it alone. Our employment law solicitors are experts in dealing with unfair dismissal cases who can guide you every step of the way, ensuring your rights are protected and maximising your chances of a successful claim.

Key Stages of an unfair or wrongful dismissal case:

Key stagesIndicative Costs*
Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)£500 to £1,000
Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached£500 to £1,000
Preparing claim or response£500 to £1,500
Reviewing and advising on claim or response from other party£500
Exploring settlement and negotiating settlement throughout the process£1,000 to £2,000
Preparing or considering a schedule of loss£500 to £1,500
Preparing for (and attending) a Preliminary Hearing£500 to £2,500
Exchanging documents with the other party and agreeing a bundle of documents£1,000 to £2,000
Taking witness statements, drafting statements and agreeing their content with witnesses£1,000 to £3,000
Preparing bundle of documents£500 to £1,500
Reviewing and advising on the other party’s witness statements£500 to £1,500
Agreeing a list of issues, a chronology and/or cast list£500 to £1,000
Preparation and attendance at Final Hearing£3,000 to £10,000
Total costs (rounded)£10,000 to £30,000
*Excluding VAT

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced.

You may wish to handle the claim yourself and only have our advice in relation to some of the stages and we are happy to discuss if that is appropriate in your case.

The stages set out above relate to a straightforward unfair or wrongful dismissal claim. If a claim is more complex, the costs might be higher and will be worked out by reference to an hourly rate of between £195 and £370, depending on the lawyers working on your case.

Common reasons for unfair dismissal

Employees can be dismissed unfairly for a variety of reasons, some of which are automatically deemed unfair under UK employment law. Below are common examples:

  • Whistleblowing: Dismissing an employee for reporting wrongdoing or illegal practices within the company is automatically unfair.
  • Discrimination: If an employee is dismissed based on protected characteristics, such as age, gender, race, disability, or sexual orientation, the dismissal is likely to be considered unfair.
  • Exercising legal rights: Employees who are dismissed for asserting their statutory rights, such as requesting maternity or paternity leave, flexible working hours, or raising health and safety concerns, are protected from unfair dismissal.
  • Retaliation for union activities: Employees who are dismissed for being involved in trade union activities, including forming or joining a union, are automatically considered unfairly dismissed.
  • Unfair redundancy: If the employer fails to follow a fair redundancy process, or if redundancy is used as a cover for dismissing an employee for other reasons, this could be grounds for an unfair dismissal claim.

Automatic unfair dismissal

Certain dismissals are automatically considered unfair by law, regardless of the employer’s justification. These include dismissals related to whistleblowing, pregnancy, parental leave, or asserting other employment rights. In these cases, employees do not need to meet the two-year service requirement typically needed to bring an unfair dismissal claim.

What can make my unfair dismissal claim more complex?

Some unfair dismissal claims can become more complicated, and it’s important to know what factors might affect your case. Our expert employment law team will be by your side, handling the complexities for you. Factors that can add to the complexity include:

  • The need to make or defend additional applications, amend your claim, or provide further details.
  • A large volume of documents that need to be thoroughly reviewed and analysed.
  • Multiple witnesses on either side, requiring extensive preparation and coordination.
  • The need to make or defend a costs application during the tribunal process.
  • If your case involves automatic unfair dismissal, such as being dismissed for whistleblowing.
  • Allegations of discrimination linked to your dismissal, which may require additional evidence and legal expertise.

These factors don’t need to overwhelm you – we will manage them on your behalf, ensuring your case is presented as strongly as possible.

Disbursements in unfair dismissal cases: What you need to know

Disbursements are additional costs related to your case, such as expert reports or barristers’ fees if required. While most unfair dismissal claims won’t involve major disbursements, some cases may require a barrister for the Final Hearing. Rest assured, we take care of all disbursement payments for you, streamlining the process and keeping everything hassle-free.

How Long Will My Claim Take?

We understand that time is a critical concern for many clients. While each case is unique, the timeline for your unfair dismissal claim largely depends on how early it is resolved in the key stages process. Our goal is to resolve your matter as quickly as possible, while ensuring the best possible outcome.

  • Settlement during pre-claim conciliation: If a settlement is reached during pre-claim conciliation, your case is likely to take 3 to 4 months from dismissal.
  • Final hearing at employment tribunal: If a settlement isn’t possible and the case proceeds to a Final Hearing, it may take around 9 months to a year to reach a The length of time can vary based on the tribunal’s schedule and the complexity of the case.

Our team will give you a personalised potential timeline and cost estimate once we’ve reviewed the details of your case. Contact us today to get started and take the first step toward resolving your unfair dismissal claim.

Words from our clients

Joy Drummond at Anthony Gold was exceptionally thorough and professional when she managed my recent settlement agreement. I’ve worked with many law firms over the course of my career and have no hesitation in recommending Joy.

Our Client

Joy Drummond was an incredible help. She gave sound, pragmatic advice and was efficient and reliable in our exchanges. Couldn’t recommend her enough!

Jessica Abels

I contacted Anthony Gold regarding a case with my ex-employer, Inbar Rabinovitz took the time to listen to my situation and read through a detailed account of what happened before I even engaged her services. Once engaged, Inbar guided me through the process step by step offering great counsel with regards to negotiations and prioritising getting the best result for me, the settlement came through within a matter of weeks and I was very happy with the result.

Our Client

Aneil was fantastic at handling my employment case. He provided detailed explanations of what was going on and why, but also gave honest advice on what the next steps could be. He made me feel in control of the situation and always answered my questions. I would recommend Aneil and his team to anyone.

Our Client

Speak to a member of the Employment team

Meet the team

Meet our team of solicitors who are experts in their field.

Unfair Dismissal Claims: FAQs

Why should I let Anthony Gold Solicitors handle my unfair dismissal claim?

Get the advantage of 70 years of experience in employment law and unfair dismissal cases. Our team of specialist negotiators and litigators are fully accredited by the Solicitors Regulation Authority and have earned top rankings in Legal 500 and Chambers and Partners. With their deep understanding of employment law, they are equipped to make the entire process smooth, efficient, and stress-free for you.

Do I need to work for my employer for a certain period before I can claim unfair dismissal?

Yes, to be eligible to claim unfair dismissal, you must have worked for your employer continuously for at least two years. Without this minimum length of service, it can be difficult to bring a claim for unfair dismissal. However, exceptions do exist. You may still have grounds for a claim if your dismissal involved discrimination or if it falls under automatic unfair dismissal, such as being dismissed for whistleblowing.

Is there a time limit for filing an unfair dismissal claim?

Yes, there is a strict deadline. You must begin the Early Conciliation process with ACAS within three months minus one day from the date of your dismissal. After you receive your ACAS certificate, you generally have one month to submit your claim to the Employment Tribunal. Meeting these deadlines is crucial, as missing them could seriously jeopardise your case. Contact us today to ensure your claim is filed on time.

What’s the process for filing an unfair dismissal claim through the Employment Tribunal?

After receiving your Early Conciliation certificate from ACAS, you will need to submit an online form, called an ET1, to the Employment Tribunal. This form outlines your case and explains why you believe your dismissal was unfair. Once submitted, the tribunal will notify your employer and seek their response. The tribunal will then schedule a hearing where your case will be presented. Throughout the process, you will be referred to as the claimant, and your employer will be the respondent.