Employment Law

Employment Law

Unfair Dismissal Claims

Losing your job is always a stressful experience, but when you feel you have been unfairly dismissed or made redundant, the impact is even greater. Making an unfair dismissal claim may seem complex and daunting, but by seeking advice from Clough & Willis, we can work alongside you to help you succeed. 

We have years of experience helping employees receive compensatory awards for unfair dismissal, wrongful dismissal, discrimination, breaches of contract, unpaid wages and  whistleblowing-related issues, and can offer specialist legal advice at each stage of the process, all the way through to an employment tribunal. 

We are dedicated to ensuring our clients receive the outcome they deserve, whether this is through compensation, re-engagement or reinstatement, and will work tirelessly to build the strongest possible case. 

To discuss a claim with our unfair dismissal solicitors in Bolton and Bury, call us on 0800 083 0815 for a free, no-obligation chat, or fill out our online enquiry form and we will get back to you at a time that suits you.

How we can help

At Clough & Willis, we are experts on all aspects of unfair dismissal law, and are well-placed to guide you through the entire process of making an unfair dismissal claim. No matter what the circumstances of your case, we can provide you with the best and most pragmatic advice on what to do next. 

We can help you in the following ways: 

  • Advising you on the legal grounds for unfair dismissal, and what would be considered automatically unfair reasons for dismissal
  • Helping you appeal against your dismissal to your former employer, while exploring options such as reinstatement or unfair dismissal compensation
  • Guiding you through the ACAS early conciliation process to see if a resolution can be reached without requiring an employment tribunal
  • Preparing and representing you in an unfair dismissal tribunal where necessary 

Our legal team has considerable experience in helping professionals from multiple sectors and levels of seniority to make successful claims for unfair dismissal. With offices based in Bolton and Bury, we have worked with clients across the North West and further afield. 

If you are seeking to make a claim for unfair dismissal compensation, you must make the claim to a tribunal within three months of being dismissed. It is therefore best to get in touch with us as soon as possible.

What is unfair dismissal?

Unfair dismissal is a statutory right that enables employees to make a claim if they believe they have been unfairly dismissed from their position or made redundant. If the company does not admit fault, this may require an employment tribunal hearing, which will decide the outcome of your claim. 

If you have been dismissed from a job in any of the following circumstances, these are classed as automatically unfair reasons for dismissal: 

  • You are pregnant or on maternity leave
  • You have asked for your employer to meet their legal obligations, i.e. to pay you at least the minimum wage
  • You took action over a health and safety issue or reported the company for wrongdoing (whistleblowing)
  • You refused to work on a Sunday at a retail or betting shop
  • You took part in trade union activities, including official industrial action, or acted as an employee representative 

You may also be able to argue for unfair dismissal in the following instances: 

  • You feel you have been discriminated against based on your identity
  • You asked for flexible hours, or refused to give up legally mandated working time rights, such as rest breaks
  • You resigned and gave the correct notice period, but were dismissed immediately
  • You required time off for jury duty
  • You were forced to retire (compulsory retirement)
  • You refused to accept changes to your employment conditions 

If you were not dismissed, but instead felt forced to leave your role because of your working conditions or employer’s conduct, this is classed instead as constructive dismissal, compensation for which can also be pursued via an employment tribunal.

Can I claim for unfair dismissal with under two years of service?

As a general rule, the unfair dismissal qualifying period requires you to have been in your role for at least two years to bring a claim. The main exception is if you have been dismissed because of your political opinions or affiliation, in which case you will automatically have the right to go to an employment tribunal. 

However, there are a number of situations in which more recent hires will still be able to launch a legal case against their employers, such as in cases where discrimination, whistleblowing, trade union membership or a health and safety complaint was the reason for the dismissal. Additionally, some employers have contractually binding dismissal processes in place, meaning staff members can claim for breach of contract if these are not followed. 

If you are unsure whether you are eligible to make a claim, get in touch with Clough & Willis to discuss your case and identify the steps you should take.

Need help right away?
Contact Clough & Willis

If you are looking for employment law advice or representation, speak to the solicitors at Clough & Willis today. With offices in Bury and Bolton, we can help you through the entire process, providing support and guidance at every stage

Contact us today to speak to an employment law solicitor by calling 0800 083 0815, or fill out an online enquiry form and we will get back to you at a convenient time.

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