How can our Unfair Dismissal Solicitors Help?
Losing your job can be stressful, particularly if your dismissal comes as a shock or you believe your employer hasn't followed the correct process. Our unfair dismissal solicitors across South Yorkshire, Derbyshire and Nottinghamshire provide clear, practical legal advice to help you understand where you stand and what options are available.
We can help with:
- Unfair dismissal claims
- Automatically unfair dismissal claims
- Disciplinary and dismissal procedure advice
- Settlement negotiations
- ACAS Early Conciliation advice and representation
- Employment Tribunal
Our specialist employment law team will listen carefully to your circumstances, explain whether you may have a potential claim, and advise you on the most appropriate way forward. We always aim to give straightforward unfair dismissal legal advice that's tailored to your situation, so you can make informed decisions with confidence.
Understanding Unfair Dismissal
Under the Employment Rights Act 1996, employers can dismiss employees for a number of legitimate reasons. However, for a dismissal to be fair, the employer must have a potentially fair reason and follow a fair procedure.
In some situations, the law gives employees additional protection. These are known as automatically unfair dismissals, where the reason for the dismissal is unlawful regardless of the employer's justification.
Examples of automatically unfair dismissal include being dismissed:
- Because you are pregnant or on maternity leave.
- For raising or taking action on a health and safety issue.
- Because you are a trade union member and have taken part in trade union activities, including industrial action.
- For asserting your legal employment rights, such as requesting payment of the National Minimum Wage.
- Because you have raised concerns about your employer’s wrongdoing (known as “whistleblowing”).
- Because of a protected characteristic, such as age, disability, race, religion, sex, or sexual orientation (unlawful discrimination).
- For refusing to work on a Sunday (if you are a shop or betting shop worker).
What are fair reasons for dismissal?
The law recognises five potentially fair reasons why an employer may dismiss an employee, provided they also follow a fair procedure:
- Conduct – such as misconduct or serious misconduct.
- Capability – including concerns about your performance, qualifications, health or attendance.
- Redundancy – where your employer closes a business, closes a workplace, or no longer needs as many employees to carry out the work.
- Illegality – where continuing your employment would break the law, for example if you no longer hold the licence needed to do your job.
- Some Other Substantial Reason (SOSR) – a broad category that can include business restructures, personality clashes in certain circumstances, or pressure from a third party.
Who can pursue a claim for unfair dismissal?
In most cases, only employees can bring a claim for unfair dismissal, and you'll usually need at least 2 years' continuous service with your employer (from 1st January 2027, this reduces to 6 months). However, if you've been dismissed for an automatically unfair reason, such as pregnancy, whistleblowing, or asserting a legal employment right, you may be able to bring a claim regardless of your length of service.
How long do I have to make an unfair dismissal claim?
If you think you've been unfairly dismissed, it's important not to delay. In most cases, you must begin ACAS Early Conciliation within 3 months less 1 day of the effective date of your dismissal before you can make an Employment Tribunal claim.
You should also consider appealing your dismissal through your employer's internal procedure where appropriate. Failing to do so could reduce any compensation awarded by an Employment Tribunal by up to 25% under the ACAS Code of Practice.
If you're eligible, you can ask your employer to provide written reasons for your dismissal from work. If they fail to do so within the required timeframe, you may have additional legal rights.
What Should you do if you Think you've been Unfairly Dismissed?
If you believe you have been unfairly dismissed from work, it's important to act quickly. Strict time limits apply to employment claims, and the steps you take immediately after your dismissal can affect your legal position.
At Banner Jones, our unfair dismissal solicitors in Sheffield, Chesterfield, Dronfield and Mansfield can assess your circumstances, explain whether you may have a claim, and help you decide on the most appropriate next steps.
We recommend that you:
- Appeal your dismissal through your employer's internal procedure where appropriate.
- Keep copies of your dismissal letter, employment contract, and any other relevant documents.
- Make a note of important dates, including the date your employment ended.
- Seek unfair dismissal legal advice as soon as possible so you understand your rights and any deadlines that apply.
- Begin ACAS Early Conciliation if you intend to pursue a claim.
- Consider approaching your employer on a “without prejudice” or “protected” basis to try to obtain a compensation agreement without making an Employment Tribunal claim.
Legal Help with Constructive Dismissals
If you've resigned because your employer seriously breached your contract or made your position impossible, you may have a claim for constructive unfair dismissal. Our constructive unfair dismissal specialists can advise whether you have a potential claim and explain the options available to you.
Get help from Banner Jones' contructive dismissal solicitors
Why choose Banner Jones?
1. Employment law specialists
Our employment law team advises employees on workplace disputes including unfair dismissal, disciplinary procedures, settlement agreements, and Employment Tribunal claims. We keep up to date with changes in employment law so our advice reflects the latest legislation and case law.
2. Honest advice about your case
At Banner Jones, we know how difficult it can be to face the prospect of losing your job. Before recommending any course of action, we'll assess the strengths and potential risks of your case, explain the likely costs, and help you decide whether pursuing a claim is in your best interests.
3. Clear and compassionate communication
Our employment law team is friendly, compassionate, and will support you every step of the way. We understand that individuals who come to us are often feeling stressed and anxious about their future. Rest assured that our service is confidential and your case will be handled sensitively.
4. Flexible funding options
We know that taking legal action after a dismissal can have a significant impact on your finances. That’s why we offer fixed-fee initial advice appointments and will always discuss the funding options available. We'll also consider whether legal expenses insurance or a no-win, no-fee arrangement may be suitable.
5. Recognised legal expertise
Banner Jones Solicitors’ Employment Law team has won the Sheffield and District Law Society “Employment Law Team of the Year Award” for four consecutive years. Recognised for its trusted advice, responsive service, and strong track record of achieving positive outcomes for employers and employees alike, the team has built an enviable reputation throughout South Yorkshire and the East Midlands.
With offices in Sheffield, Chesterfield, Mansfield and Dronfield, our expert unfair dismissal lawyers have helped thousands of people locally with their employment law cases.
Please call Banner Jones on 0330 017 6304 today or visit our unfair dismissal solicitors in Sheffield, Chesterfield, Dronfield and Mansfield. We are here to support you every step of the way.
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