Unfair Dismissal Solicitors

Unfair dismissal claims present a significant legal and commercial risk for employers. Mishandled dismissals can result in costly Employment Tribunal proceedings, management time being diverted from the business, reputational damage and substantial compensation awards.

Fraser Dawbarns’ employment law solicitors advise business leaders and human resource managers across Norfolk and Cambridgeshire, including King’s Lynn, Wisbech, Cambridge, Ely, March and Downham Market, on how to manage dismissals lawfully and defend unfair dismissal claims effectively. One aspect of this will be ensuring that there are no grounds for discrimination, as this can be a complicating factor in the dismissal process.

Our employment law team supports businesses of all sizes, from owner-managed companies to larger employers, providing practical, strategic advice at every stage of an unfair dismissal claim, from early risk assessment to Employment Tribunal representation.

Whether you are considering dismissing an employee, facing ACAS Early Conciliation or responding to a Tribunal claim, our employment solicitors can help you to protect your business and reach a proportionate outcome. This may include:

Assessing risk before and after dismissal
Supporting fair disciplinary and dismissal procedures
Managing ACAS early conciliation and settlement discussions
Defending employment tribunal claims
Practical, commercial employment law advice.

Get in touch with our employment law solicitors in Cambridgeshire and Norfolk

If an employee is bringing an unfair dismissal claim against you, our employment law solicitors are here to help.

You can contact your local office in King’s Lynn, Ely, Wisbech, March or Downham Market. Alternatively, you can complete the enquiry form at the bottom of the contact page, and a lawyer will be in touch.

Our unfair dismissal services for employers

Assessing risk before and after dismissal

We advise employers on whether a dismissal is likely to be considered fair, reviewing the reason, process followed, and supporting evidence. Where concerns arise, we provide practical guidance on reducing exposure before matters escalate.

Supporting fair disciplinary and dismissal procedures

Our employment solicitors guide employers through disciplinary, capability, redundancy, and dismissal processes, ensuring decisions are legally compliant and procedurally fair.

Managing ACAS early conciliation and settlement discussions

We represent employers during ACAS Early Conciliation, advising on strategy, settlement options, and commercial resolution to minimise cost, disruption, and reputational risk.

Defending employment tribunal claims

Where a claim is brought, we prepare robust defences to unfair dismissal, constructive dismissal, and automatically unfair dismissal claims, handling all Tribunal correspondence, evidence, and advocacy.

Practical, commercial employment law advice

We provide clear, commercially focused advice tailored to your business, helping you make confident decisions while protecting your organisation from unnecessary legal risk.

To learn more about how we can assist in relation to unfair dismissals, please contact our employment lawyers at Fraser Dawbarns.

Types of unfair dismissal we handle

Our employment tribunal solicitors advise employers on all categories of unfair dismissal, including:

Standard unfair dismissal

Claims alleging that the employer lacked a fair reason or failed to follow a reasonable procedure. We assess the strength of the employer’s decision-making and documentation.

Constructive dismissal

Where an employee resigns and claims the employer fundamentally breached the employment contract. These claims often overlap with unfair dismissal and require careful defence.

If you require support in relation to a potential constructive dismissal, please do not hesitate to contact our employment solicitors.

Wrongful dismissal

Contractual claims, usually concerning notice periods or pay in lieu of notice. Wrongful dismissal claims can be brought even where the employee lacks two years’ service.

Automatic unfair dismissal

High-risk claims involving protected reasons such as whistleblowing, pregnancy or trade union activities. These require robust and strategic handling.

Procedurally unfair dismissal

Cases where the underlying reason may be fair, but the dismissal process is challenged. We advise on mitigating exposure and defending uplift arguments.

The unfair dismissal claims process

While each case differs, most unfair dismissal UK claims follow a similar process:

ACAS early conciliation

Before issuing an Employment Tribunal claim, the employee must go through Early Conciliation with ACAS. We represent employers during this stage, assessing settlement options and negotiating where appropriate.

Employment tribunal claim

If Early Conciliation fails, the employee may issue a Tribunal claim. Strict time limits apply — usually three months less one day from the effective date of dismissal, subject to conciliation pauses.

Tribunal defence and case management

We prepare and submit the employer’s ET3 response, manage disclosure, witness statements and procedural compliance, and guide you through all Tribunal directions.

Settlement discussions

Many claims resolve before a final hearing. We advise on commercial settlement strategy and cost-benefit analysis throughout the case.

If you would like to discuss any aspect of unfair dismissal compensation, or are concerned about a claim an employee is bringing against you, please get in touch.

Final hearing

If the claim proceeds, our employment solicitors will represent you directly at tribunal or instruct specialist counsel to defend the claim robustly.

If you have any questions about any aspect of the process, please don’t hesitate to contact our lawyers today.

Why choose Fraser Dawbarns for your unfair dismissal claim

Fraser Dawbarns is a long-established firm with strong regional expertise in employment law, and our employment law solicitors are trusted by employers across Norfolk and Cambridgeshire for their clear, commercially focused advice.

We provide practical guidance tailored to your business, drawing on extensive experience defending Employment Tribunal claims, offering transparent costs and early risk assessment, and delivering strategic advice aimed at achieving swift, proportionate resolution.

Our approach is designed to protect your business while giving you clarity and confidence at every stage. You may also wish to view our wider services for employers, including employment disputes and employment contracts advice.

If you have any questions, please contact our employment law solicitors today.

Frequently asked questions about unfair dismissal claims

Unfair dismissal occurs where an employee alleges they were dismissed without a fair reason, without a fair process, or both, under the Employment Rights Act 1996. Employers must usually rely on one of five potentially fair reasons: • Capability or performance • Conduct • Redundancy • Statutory restriction • Some other substantial reason (SOSR). Even where a fair reason exists, employers must still act reasonably, including carrying out a proper investigation, following a fair procedure, and allowing the employee to respond and appeal.

Most employees currently need two years’ continuous service to bring a standard unfair dismissal claim. However, this qualifying period does not apply in all cases. The rules are also expected to change with effect from 2027, with the minimum continuous service required likely to reduce to six months. Employers may still face claims where dismissal is alleged to be: • Automatically unfair, including whistleblowing, pregnancy, health and safety, or asserting statutory rights • Wrongful dismissal, based on breach of contract or notice pay • Discriminatory, under the Equality Act 2010 (no qualifying service required). Our unfair dismissal solicitors help employers assess exposure, identify procedural risks, and take early, strategic steps to protect their position.

If an employee succeeds, an Employment Tribunal may award a basic award (similar to statutory redundancy pay) and a compensatory award for financial loss, subject to statutory limits. Compensation is influenced by factors such as loss of earnings, contributory fault, mitigation efforts, and whether a fair process would have led to dismissal in any event. We advise employers on likely compensation exposure and strategies to limit liability.

Yes, in certain circumstances. While most unfair dismissal claims currently require two years’ service, employers may still face claims where the dismissal is automatically unfair, contractually wrongful, or involves allegations of discrimination. Our employment solicitors advise employers on managing dismissals involving short-service employees and reducing the risk of Tribunal claims.

An employee must usually start ACAS Early Conciliation within three months less one day of the effective date of termination. These deadlines are strictly applied, and missed time limits can prevent a claim from proceeding. For employers, this period is often critical for document preservation, internal review, and early strategic advice, particularly where a dispute may escalate.

Yes, in certain circumstances. An employee may bring a constructive dismissal claim if they allege the employer committed a fundamental breach of contract that left them with no reasonable option but to resign. From an employer’s perspective, these claims often arise from allegations of poor process, unmanaged conflict, or cumulative conduct, making early legal assessment essential.

A dismissal may be automatically unfair where it is connected to protected reasons such as whistleblowing, pregnancy or maternity, health and safety concerns, family leave, or asserting statutory employment rights. These claims carry higher risk for employers, as they do not require the employee to have two years’ service and can expose businesses to uncapped compensation.

Unfair dismissal is a statutory claim that assesses whether the employer had a fair reason and followed a fair procedure. Wrongful dismissal is a contractual claim, usually focused on whether the employee received their correct notice or pay in lieu of notice. Employers may face both claims simultaneously, so it is important to understand the distinct legal tests and potential liabilities involved.

Get in touch with our unfair dismissal solicitors in Cambridgeshire and Norfolk