Unfair dismissal solicitors in Leicester

Unfair dismissal is a statutory claim that an employer dismissed you without a fair reason, or without following a fair process. Claims are brought in the employment tribunal. Leicestershire claims are dealt with by the tribunal’s Midlands East region.

What makes a dismissal fair

An employer has to show the dismissal was for one of the potentially fair reasons: conduct, capability, redundancy, a legal restriction on continuing to employ you, or ‘some other substantial reason’. The tribunal then asks whether the employer acted reasonably in treating that reason as enough to dismiss, which includes looking at the process. For misconduct that means an investigation, a chance to respond at a meeting you can be accompanied to, and the right to appeal. The Acas Code of Practice on disciplinary and grievance procedures sets out the basics, and failing to follow it can increase or reduce compensation.

Constructive dismissal

If your employer seriously breached your contract, for example by cutting your pay without agreement or through a pattern of treatment that destroyed trust, you may be able to resign and claim constructive dismissal. These claims are harder to win, and resigning is a big step, so get advice before you do it.

The first step: Acas early conciliation

Before you can issue most tribunal claims you have to notify Acas. A conciliator will contact both sides to see whether the dispute can be settled. If it isn’t, Acas issues a certificate, which you need to start your claim. You can notify Acas yourself on the Acas website.

Funding a claim

Options include paying privately, legal expenses insurance (often part of a home insurance policy), trade union support, or a damages-based agreement where the solicitor takes a percentage of what you recover. SRA-regulated firms have to publish price information for bringing unfair or wrongful dismissal claims.

Common questions