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 16 January 2026
Laura and Amy were professional and friendly from the Start. Laura put me at ease straight away and everything was explained to me in a manner that I understood. This is not the first time I have seen her, she organised Probate for me in 2024 and I wouldn't hesitate to use her again or recommend her.
Janet Altman
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Posted 16 January 2026
I changed my solicitors to Rothera Bray and was allocated Sarah Gill to act for me. Sarah was superb! She motivated me to fight on, advised me on the law, guided me through the legal process and gave me confidence in court. It was a very difficult fight but together we achieved a most satisfactory conclusion. While Sarah was very professional, I felt she was my friend. She kept me focused and determined to see my fight through to the end. Thank you, Sarah. You are great.
Heidi
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Posted 15 January 2026
I have been working with VUS Ltd for almost a year now following a DVSA Stop and subsequent MIVR they were recently summoned to an STL Meeting at The Office of Traffic Commissioner, I advised the MD of VUS that it would be advisable to get a specialist Transport Solicitor on board to assist with this matter. I always give the names of 2 different Solicitors to my client one being Georgina Power who I had worked with on a PI for Woodspace Ltd (t/a C Dart). Thank you again to Georgina who did a very professional job and I will contact her again when I need to.
Peter Adams - Transport Manger
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Posted 15 January 2026
I was put in contact with Georgina Power at Rothera Bray Solicitors following our request to attend an STL (Senior Team Leader meeting with the Traffic Commissioner). From the first conversation I was made to feel comfortable with both the professionalism along with the knowledge/experience to deal with our case. Throughout the process we were guided/advised in all area's along with the required expectations, a witness statement was prepared along with the required supporting evidence in advance of our case. At the STL meeting we were supported by Georgina verbally and on the back of this a positive outcome was achieved.
G Barker
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Posted 13 January 2026
Rothera Bray put a strong hardship case for me successfully. I would like to give a personal thanks to Anton who was kind, approachable and I was impressed with his professionalism. If you want a lawyer who will work your behalf to get the best result then look no further. I can not thank them enough.
Chris H
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Posted 9 January 2026
Will was amazing, very quick to respond and professional in my recent experience with the company. Highly recommended.
Karen A
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Posted 7 January 2026
We had an excellent experience working with Amelia. She helped us with setting up trusts for our properties, gifting a property, and preparing our wills, all handled with great professionalism and clarity. Everything was completed to a tight deadline and Amelia ensured the process ran smoothly from start to finish. She also linked us with an accountant and arranged the necessary documentation for related activities and ongoing financial management, which made everything seamless and stress-free. We felt well supported throughout and would highly recommend Amelia’s services.
Matt R
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Posted 6 January 2026
Emma was very calm and professional, her advice was spot on especially when dealing with sensitive matters such as the children.
S.S
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Posted 5 January 2026
The final run up to completion of our sale was very stressful but we were helped by Luisa, Abbey's assistant. She maintained contact with us and updated us at each stage, extremely calm, empathetic and approachable at all times. She went out of her way to find information for us and keep us informed of the progress.
Residential Sale client
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Posted 5 January 2026
We have recently instructed Rothera Bray for the sale of our house and purchase of our new home. It has been a challenging sequence of events, for various reasons outside of our control, but Abbey Freeman has guided us through it, giving us information and explanations very clearly and answering our questions in a timely manner.
Conveyancing client
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Posted 5 January 2026
We asked Rothera Bray Solicitors - West Bridgford to write our wills and received excellent service and guidance from Talita Fantauzzi. She was professional and friendly in delivering the advice we needed. We would definitely recommend Rothera Bray Solicitors and would use them for any future legal advice and work we may require.
Susan T
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Posted 5 January 2026
I had a really positive experience dealing with George on my settlement agreement. Has was friendly, efficient, and explained everything clearly in plain English, which made the whole process feel much less daunting. Communication was excellent throughout. I was kept informed at every stage and any questions I had were answered promptly. The process was handled quickly and professionally. I wouldn’t hesitate to recommend.
Suzi