Unfair Dismissal
Being dismissed without warning can be upsetting and highly disruptive, particularly when the reasons given are unclear (or even non-existent), or the process feels unfair. Senior executives and employees want to be treated fairly and often need clarity on their rights, whether their employer has acted fairly, reasonably, and legally, and what steps they can take next.
Clear guidance early on can help you understand your legal position, challenge any unfairness, and make an informed decision about how to move forward.
Unfair dismissal refers to a situation where an employer ends your employment without a valid reason or without following a fair process. Some senior executives and employees also experience constructive dismissal, which happens when they feel forced to resign because of their employer’s breach and erosion of the employment contract. Both circumstances can have significant financial and personal consequences.
Common issues include unclear warning letters, rushed or biased investigations, unreasonable treatment, bullying behaviour, or cases where no formal process was followed at all.
Many employees leave meetings unsure of their rights or feel pressured into decisions without fully understanding their options.
Your rights depend on the circumstances, your length of service and whether your employer has acted reasonably. If something feels wrong or inconsistent, early advice can help you understand whether you have a potential claim and what your next steps should be.
What Is Unfair Dismissal?
Unfair dismissal is when your employer dismisses you without a good reason or doesn’t follow a fair process. Under UK law, employers must have a valid legal reason, usually something relating to your conduct, capability, or redundancy, and they need to follow a proper process before dismissing you for that reason.
Constructive dismissal is different: it happens when you feel forced to leave because your employer’s conduct has left you with no realistic alternative. This might result from a major breach of trust, bullying, unfair treatment, or significant changes to your contract.
Wrongful dismissal is where your contract is fundamentally breached. It is essential to know what kind of dismissal has taken place or you are facing so you can proceed accordingly.
When reviewing your circumstances, these points are often central to understanding your rights:
Is there a fair reason?
Has a proper process been followed?
Has there been adequate investigation?
Do the actions of your employer amount to constructive dismissal?
Do you have a wrongful dismissal claim?
What is your entitlement to notice and other payments?
How Can David Help as Your Unfair Dismissal Lawyer?
David offers straightforward, clear advice to help you understand whether your dismissal was fair and what legal remedies may be available to you.
He will then explore the possible grounds for your employer’s decision and investigate whether the process was fair. He will also consider if discrimination or whistleblowing was a factor. David will point out how these factors strengthen or weaken your case.
If you are thinking of resigning (you should always get advice before doing so) because your employer is acting unreasonably, he explains your options, including constructive dismissal and how to safeguard your position before you take any action. He will also assess whether you have received proper pay, including notice, holiday, or any contractual entitlements owed and whether you have any claims for compensation
His clients value his ability to identify procedural flaws, discriminatory factors, and contractual breaches quickly, helping them understand their options, whether negotiation, settlement or pursuing a tribunal claim.
In cases of unfair or constructive dismissal, the following factors are commonly assessed for senior executives and employees:
Valid legal reason?
Fair compensation
Protecting your reputation
You do not have to navigate an unfair or confusing dismissal situation alone. Early clarity about your rights can strongly influence a positive outcome. Contact David for straightforward, supportive advice on what to do next.
Why Choose David as Your Unfair Dismissal Lawyer
With over 35 years of specialist experience in unfair and constructive dismissal cases, David provides calm, strategic guidance to senior executives and employees navigating difficult situations. He is skilled at assessing the strength of your claim and identifying procedural flaws, discriminatory factors, or contractual breaches that may strengthen your position.
Many clients come to him unsure of where they stand and leave with a clear understanding of their options, whether negotiation, settlement, or a tribunal claim. His approach is informed, practical and focused on helping you make confident decisions.
