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.

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Unfair & Constructive Dismissal Expertise You Can Trust

Franklins Solicitors is a highly accredited firm, holding Lexcel and ISO 9001 accreditations and our Employment Law team regularly receives 5-star reviews from clients for our clear, supportive and effective advice. We work proactively to protect your position and achieve the best possible outcome.

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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.

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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
Paralegal
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.

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