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Employment

Dismissals

Dismissals

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.

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.

Dismissals

Dismissals

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.

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

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.

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

  • 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

  • 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

Sara Marshall
Associate Partner
Associate Partner
Georgia Harris
Solicitor
Solicitor
Charlotte Dixon
Trainee Solicitor
Trainee Solicitor

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

Contact
Sara Marshall
Associate Partner
Associate Partner
Georgia Harris
Solicitor
Solicitor
Charlotte Dixon
Trainee Solicitor
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

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

For a dismissal to be fair, an employer must show both a legally recognised reason and that a fair procedure was followed.

There are five potentially fair reasons for dismissal: conduct, capability, redundancy, statutory restriction and some other substantial reason. However, having a valid reason alone is not enough. Employers must also carry out a reasonable investigation, hold a fair disciplinary or consultation meeting and offer the employee a right of appeal.

If a fair process is not followed, a dismissal can still be found unfair even where the underlying reason was justified. Ensuring your procedure is compliant helps protect your business from Employment Tribunal claims.

Dismissing an employee without a fair reason or proper process can lead to costly claims against your business. The most common risks include unfair dismissal, wrongful dismissal for failing to give correct notice and discrimination claims linked to the decision.

Even where there is a valid reason for dismissal, failing to follow a fair procedure in line with the Acas Code of Practice can increase compensation by up to 25%. Employment Tribunal claims can result in financial awards, legal costs management disruption and reputational damage.

Taking advice before making a final decision can significantly reduce the risk of a successful claim.

Dismissing an employee on sick leave can be tricky and may result in claims of discrimination or unfair dismissal. Employers must ensure that the dismissal is for a fair reason, such as long-term absence affecting business operations and must follow a fair process, including consideration of reasonable adjustments or alternative roles.

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.

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

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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.

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.

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