Unfair or Wrongful Dismissal

Unfair dismissal is a core protection in employment law. It prevents employers from acting arbitrarily or without justification when ending someone’s employment. Employers must follow a fair process and identify a fair reason for dismissal. This is a statutory duty, and failure to comply can expose a business to significant legal and financial risk.

Under current law, an employee must have at least two years of continuous service to qualify for protection against unfair dismissal, and compensation is capped. This is due to change from 1 January 2027, when the qualifying period will reduce to six months and the cap on compensation will be removed.

For employers

Businesses must manage dismissals with care. Whether the situation involves redundancy, misconduct, performance concerns, or other issues, employers need to ensure that the correct steps are followed to protect the individual’s legal rights and reduce any exposure to claims. We have supported hundreds of employers through such processes, from serious misconduct matters requiring immediate action to large scale redundancy exercises and long term management of underperformance.

Every case is different. We use our experience to help employers assess risk and choose the most appropriate course of action. Taking advice early often prevents mistakes that are costly or difficult to reverse. If issues do arise or a claim is brought, we are highly experienced in defending unfair dismissal claims and minimising the impact on the business.

For employees

For employees, protection against unfair dismissal is one of the most important workplace rights. It safeguards livelihoods and ensures that employers cannot act without good reason. Many clients come to us at an early stage, such as when they are placed at risk of redundancy or when allegations of misconduct or underperformance first arise. We provide clear advice on the legal framework, what to expect from the process, and how to approach it strategically.

Where employment has already been terminated and a claim is developing, we advise on all available options. We help clients pursue fair outcomes, whether through negotiation or by bringing a claim in the Employment Tribunal. We act robustly to secure fair settlements or strong results at hearing.

Wrongful dismissal

Wrongful dismissal occurs when an employer breaches the employee’s contract during the dismissal process. Most commonly, this happens when inadequate notice is given, or no notice is given despite contractual entitlement. Because wrongful dismissal is a contractual claim, the value often depends on the length of notice the employee is entitled to receive.

Some claims are modest where notice periods are short, but wrongful dismissal can be high value. For example, if a senior employee such as a CEO has a 12 month notice period and is dismissed without proper grounds for summary dismissal, they may be entitled to a full year’s pay.

We provide tailored, commercial advice to both employers and employees. For businesses, our focus is risk management, cost control, and resolving disputes efficiently. For individuals, we work to secure the best possible outcome, whether through compensation, negotiation, or litigation. We ensure that clients understand the differences between wrongful dismissal, unfair dismissal, and related claims such as discrimination, so they can pursue the strongest route available.

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