Dismissal solicitor

Certain rules must be adhered to when firing a member of staff so if you have lost your job and feel you have been treated unfairly you should contact a dismissal solicitor. Any law firm with an employment department that represents employees will have someone who can act as a dismissal solicitor.

Before contacting a dismissal solicitor

Before you speak to a dismissal solicitor it is worth examining by yourself whether your employer has breached the codes in place. A dismissal solicitor will tell you that an employer is required to follow the 3-step procedure of issuing a written statement, arranging a meeting and then conducting a further appeal meeting should the employee request it. Taking legal advice as early as possible is always recommended so you could even speak to a dismissal solicitor once you have received the written statement.

Through these steps your employer must have demonstrated valid reasons for terminating your employment and have acted fairly and consistently. If you feel these criteria have not been met then it is probably a good idea to discuss your situation with a dismissal solicitor to see if you have a case.

A dismissal solicitor will define the events of a dismissal in one of three ways: a termination of employment with or without notice; resignation following an employer's breach of contract (known as constructive dismissal); or failure to renew a fixed-term contract. If you feel you have been constructively dismissed it is also important you speak to a dismissal solicitor.

What a dismissal solicitor can do

Essentially, a dismissal solicitor can pursue a claim on your behalf for either unfair dismissal or constructive dismissal.

In the case of unfair dismissal, your dismissal solicitor will need to prove that you were sacked without good reason or that the proper process was not adhered to. A dismissal solicitor will first try to identify if the basis of your claim falls into one of the categories considered as automatically unfair, for instance ones made on a discriminatory basis such as gender or age, or for exercising statutory employment rights such as parental leave or applying for flexible working. If your claim is not as obvious as this then your dismissal solicitor will seek to establish whether your employer provided one of the five fair reasons of misconduct: incapability of fulfilling the role; the need for redundancy; failure to meet a statutory requirement; or some other substantial reason.

If, following an initial consultation, your dismissal solicitor believes you have a case for unfair dismissal they will collect evidence and obtain a tribunal hearing. If your dismissal solicitor wins then you will be entitled to compensation for loss of earnings.

If your dismissal solicitor pursues a case of constructive dismissal they will have to prove that you resigned due to a breach of contract on your employer's behalf which indicated an unwillingness to meet the obligations agreed to between you. The definition of a contract is complex, taking into account both oral and written agreements and what they imply to render the contract functionable, meaning your dismissal solicitor may be able to build a case even if you believe it impossible.

NB: None of this information should be construed as legal advice.