Unfair Dismissal Claim Solicitors

Unfair dismissal is one of the most common complaints by employees against employers. In any case of dismissal, it is up to your employer to prove that your dismissal was fair and lawful. There are various reasons that an employer can rely on to fairly dismiss an employee. These include performance, conduct, ill health, redundancy and some other substantial reason (which may include a business reorganisation or a breakdown in the working relationship).

Normally an employee needs two years’ service to bring an unfair dismissal claim, but there are some circumstances which allow employees with less than two years’ service to bring an unfair dismissal claim.  It is therefore always worth taking advice as to whether you have an unfair dismissal claim.

How do I know if my dismissal was unfair?

A dismissal can be unfair for a number of reasons and it is best to take legal advice on your specific situation as no two cases are the same. Factors that may indicate an unfair dismissal include:

• The dismissal was not carried out for one of the ‘fair’ reasons for dismissal (such as conduct and performance).
• The employer did not follow the correct procedure before dismissing you.
• You were dismissed because you raised a complaint about certain issues, which could include health and safety issues and breaches of your statutory rights.
• You were dismissed due to ill health but in circumstances where you were able to return to work with adjustments in place.
• You were dismissed for gross misconduct, but the offence was not that serious.
• You were dismissed because your employer sold their business.

How can Gorvins help?

If you have been dismissed, then it is important to take advice to understand whether the dismissal was fair. Gorvins can:

• Advise you on the fairness of any dismissal and your options.
• Help with drafting an appeal against dismissal,
• Advice on obtaining an enhanced compensation package under a settlement agreement.
• Advice on making a claim to an employment tribunal.

If the dismissal has arisen as a result of a business transfer such as an acquisition, merger or outsourcing, special rules may apply which protect your employment under TUPE. We have in-depth knowledge on how to apply these to ensure your rights are protected.

With extensive experience in advising on all unfair dismissal matters, you can trust that you are in the best hands for achieving the desired outcome. Once we have all the relevant information from you, we can assess the best way forward for you and advise on how to best protect yourself.

Contact our employment lawyers today

To discuss your unfair dismissal matter or to find out more information about how we can help, please contact our employment team today on 0161 930 5151 or send us an e-mail to employmentteam@gorvins.com.

Alternatively, you can contact us using our online form.

Frequently Asked Questions

What is the “Band of Reasonable Responses”?

This is the test the Employment Tribunal uses. It isn’t enough for a Judge to say they wouldn’t have fired you; they have to decide if a reasonable employer could have fired you in that situation. We specialize in proving that your employer’s decision fell “outside” this band, making the dismissal unfair.

My employer called it “Gross Misconduct” so they didn’t have to pay my notice. Is that legal?

Gross misconduct must be an act so serious it “destroys” the contract of employment (e.g., theft or violence). Employers often label minor mistakes as gross misconduct to avoid paying notice pay. If they’ve done this, we can bring a claim for Wrongful Dismissal (breach of contract) alongside your unfair dismissal claim.

What is a “Polkey Reduction”?

If a Tribunal finds that your employer’s process was unfair, but that you would have been dismissed anyway even if they had followed a perfect process, they can reduce your compensation—sometimes by 100%. This is known as a Polkey reduction. We work to prove that a fair process would have resulted in you keeping your job.

Can I get my job back?

You can ask for Reinstatement (getting your old job back) or Re-engagement (a similar job with the same employer). While Tribunals can order this, it is rare. In most cases, the remedy is financial compensation consisting of a Basic Award and a Compensatory Award.

How much compensation will I receive?

The Compensatory Award is designed to put you back in the financial position you would have been in had you not been dismissed. It covers lost wages, pension loss, and loss of statutory rights. As of April 2026, there are strict statutory caps on these awards, which we will calculate for you during your initial consultation.

Does the ACAS Code of Practice really matter?

Yes. If your employer failed to follow the ACAS Code on Disciplinary and Grievance Procedures (e.g., they didn’t give you a right to appeal), the Tribunal can increase your compensation by up to 25%