Unfair dismissal

Unfair dismissal

One of the most common reasons that an employment dispute is brought to tribunal is due to being unfairly dismissed. This means that your employer has not provided a fair reason to dismiss you.

To be fair, the dismissal must be for one the following reasons:

  • Conduct
  • Capability
  • Redundancy
  • Statutory restriction
  • Some other substantial reason

In addition to the reason being fair, the employer must carry out a fair and thorough process and consider alternatives to dismissal such as warnings, training or a demotion. In most situations, an employer should follow the Code of Practice provided by the Advisory, Conciliatory and Arbitration Service (ACAS). If the Code of Practice is not followed, this could result in an uplift to an employees compensation if the claim is successful.

Constructive dismissal

If you feel as if you have been forced to resign, be it from an uncomfortable or insecure work environment or down to unreasonable treatment from your employer, you may have a claim for constructive dismissal.


If you believe you have been unfairly dismissed or made redundant then speak to us at Tayntons. Our Gloucester solicitors have extensive experience in this area and are able to assist you on your whether you have a case and what your next steps are. We offer employment tribunal representation also. Why not book a 45-minute initial consultation at £75.00 plus VAT (£90.00) with our employment specialist team today?

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