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 8 May 2026
Our experience of working with Kerry and Beccy has been nothing but positive. They have made what can be a very stressful experience much less stressful. The communication between us has been great, they have been prompt in responding to my emails but also with the other solicitors involved in our house sale and purchase. They have been attentive and thorough, we felt confident in their ability and service from the very beginning. I would recommend Rothera Bray to friends and family. This is the third time I have used this firm and they would be my first choice should I need a solicitor in the future.
Aimee Crawford
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Posted 8 May 2026
Ellie guided us with our help to buy payment from start to finish. She was very polite, friendly and even had to chase me up on stuff which I really appreciated as it can usually be the other way round. She continuously kept us in the loop and even let us know when she was going to be on annual leave in case we couldn’t reach her at any point. Help to buy are notorious for their lack of communication and Ellie smoothed this out for us and made this so much easier. Grace was also fantastic at taking over our account when Ellie was on annual leave and she also kept us in the loop of the proceedings. Thank you both!
Coral
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Posted 7 May 2026
I had an excellent experience working with Jo and the team at Rothera Bray throughout my first home purchase. From the very beginning, they were professional, knowledgeable, and supportive. They explained every step of the process clearly, which was especially helpful as a first-time buyer. The team was prompt in responding to my questions and kept me updated regularly, ensuring I felt informed and reassured. They handled the legal paperwork efficiently and smoothly, making what could have been a stressful process much more manageable. Overall, I highly recommend Rothera Bray Solicitors to anyone looking for reliable and friendly legal support when purchasing a home. Their expertise and dedication made my first home purchase a positive experience.
First Time Buyer
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Posted 6 May 2026
Following the death of our mother, we sought advice, guidance, and help with the probate and potential inheritance tax processes... We were not disappointed. From start to finish, Nelissa Hicks and Rothera Bray solicitors have provided a super-professional and speedy service. We'd recommend anyone, regardless of position and requirements to your needs, engage with them at the earliest opportunity, as we will do so again in the future.
Trevor F
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Posted 6 May 2026
Joanne handled my conveyancing case with great professionalism and patience. The volume of emails coming from the estate agent in the south was overwhelming, and the process became far more stressful than it should have been. Despite this, Joanne and Nirvair managed every stage as effectively as possible and were consistently on top of everything. I truly appreciated their dedication and professionalism throughout. I would only choose Joanne to act for me in any future conveyancing matters, and I’m confident I’ll be using her services again.
Wing
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Posted 4 May 2026
I had a really positive experience working with Will during my employment redundancy. He took the time to clearly explain all the legal jargon in a way that was easy to understand, made sure I was fully aware of my options and offered guidance wherever I needed it. What could've been a very stressful and overwhelming process felt much more straightforward and manageable. I'd highly recommend Will to anyone needing expert and approachable employment law advice.
Isha T
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Posted 2 May 2026
Very pleased with the services of Rothera Bray. Marneya did an excellent job managing a very challenging situation. He successfully secured the lease and remained extremely proactive and professional throughout the negotiations. Marneya was a pleasure to work with and would highly recommend.
Robert
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Posted 1 May 2026
The whole process was a delight and I very much appreciate the professional, straight forward way in which you dealt with myself and my sister. May I thank you very much indeed for all your work in this matter and please be assured that Rothera Bray will be my first choice for any further matters of this nature.
Dr Gregg
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Posted 30 April 2026
Great support, always keeping us in the picture. A first rate service at a very competitive price. I would not hesitate to recommend Rothera Bray conveyancing services.
Simon Wilton
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Posted 29 April 2026
Ed, thank you so much for your totally efficient service over this work and especially the speed with which you have turned everything around. You really have starred throughout. We are extremely grateful to you.
Trust clients
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Posted 28 April 2026
Rothera Bray were extremely professional and employed great communication throughout the process. They talked me through the possible scenarios and what the potential outcomes might be. Both the Paralegals and the Solicitor were clear and concise during their representation and achieved the best outcome I could've hoped for. I wouldn't hesitate to use them again.
AC
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Posted 28 April 2026
I cannot recommend Rothera Bray highly enough, and in particular Emily, who is truly outstanding. Emily took on my case again and from the very beginning she showed that she is unlike other solicitors. She took the time to genuinely listen to me, understand my situation, and focus on what was right for both myself and my children. That immediately set her apart. Where other solicitors had previously pushed their own views, suggesting I accept an undertaking or advising against pursuing a non-molestation order and a section 91(14) order, Emily approached things completely differently. She looked at the full picture, put the needs of the family first, and had the confidence and knowledge to push for what was truly necessary. The outcome has made a significant difference to our lives, and I genuinely believe it would not have been achieved without her. Emily is not only highly knowledgeable and professional, but also incredibly understanding. She puts her clients first, not what is easiest or quickest to achieve, and that level of care and commitment is rare. If you are looking for a solicitor who will truly listen, stand by you, and fight for the right outcome, I would recommend Emily and the team at Rothera Bray without hesitation.
Nathan