Employment

Dismissals

Dismissals

At Franklins Solicitors, our expert Employment Law team advises on all aspects of dismissal, including unfair, constructive, and automatic unfair dismissal. We help employees challenge unfair treatment, ensure employers follow proper procedures, and provide clear guidance on your rights and options.

At Franklins Solicitors, our expert Employment Law team advises on all aspects of dismissal, including unfair, constructive, and automatic unfair dismissal. We help employees challenge unfair treatment, ensure employers follow proper procedures, and provide clear guidance on your rights and options.

lAW foR lIFE

Unfair & Constructive Dismissal Expertise You Can Trust

We’re recognised as one of the most accredited firms in the Midlands, holding Lexcel and ISO 9001 accreditations. Our employment law specialists work with individuals across a wide range of industries, providing proactive, supportive, and strategic legal advice.

lAW foR lIFE

Unfair Dismissal

Under Section 94 of the Employment Rights Act 1996, employees have the right not to be unfairly dismissed by their employer.

In most cases, employees need two years’ continuous service to bring a claim. Employers must show dismissal was for one of five fair reasons:

  • Conduct – e.g. misconduct or disciplinary issues

  • Capability – performance or health-related concerns

  • Redundancy – business closure or reduction in workforce

  • Illegality – where continuing employment would break the law

  • Some Other Substantial Reason – case-specific reasons that justify dismissal

Even with a fair reason, employers must also follow proper procedures under the Acas Code of Practice.

law For Life

Constructive Dismissal

Constructive dismissal occurs when an employee resigns because their employer’s conduct makes the workplace intolerable or breaches the employment contract. Examples include:

  • Significant changes to duties or role without agreement

  • Harassment, discrimination, or bullying

  • Unjustified cuts to pay or benefits

  • Unsafe or unreasonable working conditions

  • Employer ignoring formal complaints or grievances

Although technically a resignation, the law may treat this as a dismissal caused by the employer.

Speak to our Employment Team

If you need advice about your rights at work or support with a dispute, we are ready to help.

Contact

Sara Marshall

Associate Partner

Georgia Harris

Solicitor

Charlotte Dixon

Trainee Solicitor

Employment

Why Choose Franklins Solicitors for
Dismissal Claims?

Employment Law Focus

In-depth expertise in unfair, constructive, and automatic unfair dismissal cases.

Clear Guidance on Your Rights

Helping you understand your options and next
steps from the outset.

Strong Representation

From early negotiations through to Employment Tribunal proceedings.

Personal Support

Practical and empathetic advice tailored to your circumstances.

Proven Track Record

Trusted by employees across the Midlands to secure fair outcomes.

Employment

Dismissals FAQs

Can I bring a claim if my employer didn’t follow the correct procedure?2025-09-04T09:10:22+01:00

Yes. Even if your employer had a potentially fair reason to dismiss you, failure to follow a proper and fair procedure in line with the Acas Code of Practice may make the dismissal unfair. In these cases, compensation awards can be increased by 10%–25%.

What reasons are classed as automatically unfair?2025-09-04T09:10:05+01:00

Dismissals are automatically unfair if they are linked to protected rights, such as whistleblowing, pregnancy and maternity leave, trade union membership or activities, asserting statutory rights, or refusing to work in unsafe conditions. Employees are protected from day one of employment.

Do I need two years of service to claim unfair dismissal?2025-09-04T09:09:42+01:00

In most cases, yes — employees must usually have two years’ continuous service to claim unfair dismissal. However, there are exceptions for automatically unfair dismissal reasons, such as whistleblowing or dismissal linked to maternity leave, where no minimum service requirement applies.

What are the fair reasons for dismissal?2025-09-04T09:09:04+01:00

Employers must show that a dismissal was for one of five fair reasons: conduct, capability, redundancy, illegality, or some other substantial reason. Even then, they must also follow a fair and reasonable procedure.

What is constructive dismissal?2025-09-04T09:09:23+01:00

Constructive dismissal happens when an employee resigns because their employer has breached their contract or created intolerable working conditions. Although it is technically a resignation, the law may treat it as a dismissal caused by the employer.

Experienced Solicitors Providing Expert Legal Advice

Contact
Contact

Please read our Privacy Policy. Franklins Solicitors LLP is a Limited Liability Partnership and is authorised and regulated by the Solicitors Regulation Authority, SRA No: 570602. Registered in England under Company No: OC303900, VAT No: 365 919316. A list of members is available for inspection at the Registered Office at our Northampton Branch.

Personal Law

Business Law

Connect with us

How can we help you?

Personal Law

Employment

Go to Top