Unfair Dismissal Solicitors
Unfair dismissal legal advice, in the East Midlands and across the UK
Unfair dismissals can damage your future job prospects. Have you been a victim of dismissal that you think may have been unfair?
Our Employment solicitors are on hand to give you straightforward legal advice.
On this page:
What are the potentially fair reasons for dismissal?
What is unfair dismissal?
Has your employer treated you fairly throughout the dismissal process?
An unfair dismissal is when your employment contract is terminated without a proper reason or contrary to another law. Your rights as an employee to not be unfairly dismissed are protected under the Employment Rights Act 1996.
What are the potentially fair reasons for dismissal?
It is possible to dismiss someone fairly for one of the reasons listed below. However, just because an employee was dismissed for one of these reasons, does not make it automatically fair.
The key question is whether your employer has dismissed you for a potentially fair reason and whether they followed the correct dismissal procedure in doing so.
Conduct
This may be a single act of serious (gross) misconduct or a series of acts that are less serious. Some examples of gross misconduct include:
- disobeying reasonable orders
- theft
- dishonesty
- refusal to work
- repeated poor attendance
- breach of contract
- disclosure of confidential information
All of these can be a fair reason to dismiss an employee. In some cases, conduct can be the reason for automatic unfair dismissal without a notice period.
Redundancy
This is a potentially fair reason. However, your employer will need to establish that it acted reasonably in all the circumstances in dismissing you for the reason of redundancy.
Capability or qualifications
Capability should be assessed by reference to your skill, aptitude, health or any other physical or mental quality. The question of capability must relate to the work that you were employed to do. In practice, capability dismissals are often due to poor performance or ill health.
Qualification refers to any degree, diploma or other academic, technical or professional qualification that is relevant to your position.
Statutory restriction
A dismissal is potentially fair under this ground provided that your continued employment would be illegal. For instance, if you were employed as a delivery driver and you were disqualified from driving. In this case, your employer would most likely utilise the above ground to dismiss you.
Some Other Substantial Reason (“SOSR”)
This covers a wide range of factual situations. Your employer may rely on this ground if you have committed an act that damages the relationship of trust and confidence between you both.
In order to show SOSR, it is only necessary for your employer to establish a reason for dismissal which is of a kind that could justify your dismissal. It is not necessary to show that it actually did justify the dismissal.
Why are my rights during the dismissal process?
You still have certain legal rights when facing a dismissal. And your employer should take certain steps before deciding to dismiss you.
This may include carrying out a fair and reasonable investigation or consultation to establish the facts and allowing you to appeal.
Am I entitled to compensation for unfair dismissal, and what compensation could I receive?
If you have worked for your employer for 2 years or more, then you may be entitled to an award for unfair dismissal. This is called the qualifying period.
There are limits to the circumstances in which you may be able to bring an unfair dismissal claim without having worked for your employer for 2 years. For example, if you were dismissed for asserting a statutory right or in connection with trade union activities. We would explore eligibility to bring a claim with you at the outset.
Send us a message
‘If you’ve been dismissed unfairly, we’ll fight for your rights.”
Natalie Abbott
Partner and Head of Employment Law
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Posted 2 June 2026
Rothera Bray handled the sale of a commercial property for us and we had the pleasure of working with Marneya. Marneya went above and beyond to make the process as smooth and easy as possible. He was not just reactive to requests but proactive to ensure everything was as seamless as it could be. Marneya was professional, friendly and great to work with. Thank you!
Richard Pepperman
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Posted 2 June 2026
Sally was professional, efficient, and reliable throughout the process of buying and selling our house. Communication was excellent, with quick responses and regular updates. Everything was handled smoothly and promptly. I would not hesitate to recommend Sally and her team to others. Thank you.
Vicky Limer
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Posted 2 June 2026
Sally was excellent and dealt with my parents house sale efficiently and professionally and made the whole process smooth and stress free. Thank you so much and I will definitely recommend to others and would definitely use Rothera Bray again in the future.
Mark Crooks
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Posted 1 June 2026
We recently used Rothera Bray for the sale of our property and the purchase of our new home, and Laura provided excellent service throughout. Moving house can be stressful, particularly when dealing with a chain and unexpected issues, but Laura was consistently professional, responsive and reassuring. She kept us informed, explained everything clearly and helped ensure the process ran smoothly. Her attention to detail, clear communication and willingness to answer our questions made a real difference. Thank you, Laura, for all your hard work. We would happily recommend Rothera Bray to anyone seeking a reliable and professional conveyancing service.
Jonathan Smith
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Posted 1 June 2026
I recently sold my house using Ellie at Rothera Bray and couldn’t be happier with the service I received. From start to finish Ellie kept me fully informed, explained everything clearly and was always quick to update me on the progress. What really stood out was how proactive and reassuring she was throughout the process, especially when delays occurred further down the chain. Ellie made sure I understood what was happening at every stage which took away a lot of the usual stress involved in moving house. Her professionalism, communication, and attention to detail was excellent and I always felt relaxed and confident that everything was being handled properly. I would highly recommend Ellie to anyone buying or selling a property.
Lee Robinson
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Posted 1 June 2026
I had an outstanding experience with Ellie Robinson. She went out of her way at every stage and kept me updated continuously, even when there was no new information to share. Every part of the process was completed as quickly as possible and nothing was ever too much trouble. Ellie kept the other parties moving, provided clear and thorough legal advice, and presented all documentation in a way that was easy to understand. I could not recommend her highly enough.
Georgia Oxley-Smith
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Posted 29 May 2026
First class experience selling my house with Lucy and Karen. Super organised and extremely professional. I would highly recommend using Rothera's Conveyancing services.
Richard Watkins
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Posted 28 May 2026
Selling houses is always a daunting prospect, but my life was made much easier by the professionalism and efficiency of Laura Runcak and Lisa Rainbow. They communicated promptly at every step of the process, and I would definitely recommend their services. In fact, I will be using them again in the near future, as I have another house to sell. Both ladies are a credit to Rothera Bray. Many thanks from me and my Mum.
Debbie Tyler
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Posted 28 May 2026
We have recently used Sarrina and her team to carry out the conveyancing for the sale of a property. They have all been exceedingly helpful and made the whole process as straightforward as possible. Nothing has been too much trouble and they have dealt with any issue very quickly. Highly recommended!
Tom Ridgway
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Posted 27 May 2026
We as an organisation have used Rothera Bray on numerous other occasions when we have sold houses in our portfolio. Both Sarrina and Julekha are very easy to work with and have an abundance of knowledge in the legal conveyancing framework. We wouldn't hesitate to recommend them.
Matt
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Posted 27 May 2026
I cannot thank Seetal and Rothera Bray Solicitors enough for all the hard work and support they have given me over the last 4 years with my accident at work claim. They have been extremely thorough, professional, and supportive throughout the entire process. Every step was clearly explained to me, and I always felt like they genuinely cared about getting the best outcome possible. Their attention to detail and dedication gave me a lot of confidence during a very difficult time. Thank you again for everything you have done for me.
Luke Shiels
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Posted 22 May 2026
Sara has been very helpful during the whole process, both my mother and I would recommend her highly.
Alison Marlow