Unfair Dismissal

Knight-Webb Solicitors are experts in Unfair Dismissal and Wrongful Dismissal claims. We have handled many claims in the employment tribunal on behalf of both employers and employees, including several high-value claims.

We have the advantage over many other London law firms in that our overheads are low, and we are able to pass these cost savings to clients in the form of lower fees. This is particularly important in employment tribunal cases as the general rule is that each side pays its own costs. This is subject to exceptions, for example if one party has behaved unreasonably.

An employer who dismisses an employee without good reason or without following a fair procedure lays itself open to a claim for unfair dismissal. When such a claim is brought, the employer has to establish the reason for the dismissal. The employment tribunal will then consider whether the dismissal was fair in all the circumstances. If the dismissal is held to be unfair, the employer can be ordered to re-engage, reinstate or to pay compensation to the ex-employee. The limit for the compensatory award (for dismissals on or after 1 February 2011) is £68,400.

If an employee is dismissed in circumstances in which the employee was fairly dismissed, but the employer has not complied with its contractual obligations, for example by not paying notice pay, unless the dismissal was for gross misconduct, the employee may have a claim for wrongful dismissal.

The employee may also have a claim where the treatment from their employer makes it impossible for them to continue in employment, forcing them to resign. If this constitutes a fundamental breach of the contract of employment, it may amount to constructive dismissal. Constructive dismissal claims are complex and can be risky, so it is important for both employers and employees to take legal advice when faced with these situations.