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 17 July 2026
Lauren was fantastic. Very patient and empathetic during a very difficult situation. Nothing was too much trouble for her.
James
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Posted 17 July 2026
We had a great experience with Rothera Bray Solicitors in West Bridgford when getting our wills sorted. Talita was extremely professional throughout, taking the time to clearly explain all our options and making sure we understood the implications of each decision. She made what could have been a stressful process feel straightforward and stress-free. Highly recommend for anyone needing wills advice. Thank you Talita.
Vanessa Caroli
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Posted 17 July 2026
Me and my partner were recommended Rothera Bray by our mortgage advisor for the purchase of our first property. From start to end, Abbey and Luisa were extremely helpful and responsive. They made the process so easy and always answered any questions we had. I would highly recommend Rothera Bray and will be definitely using them again for any future needs!
Shan Reid
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Posted 16 July 2026
I have recently used the service of Kerry Brown and Beccy Rodham in the conveyancing team for the sale of a property and I am currently also using their services for a transfer of ownership. The sale of the property had a few issues (one sale fell through) but Rothera Bray dealt with the whole transaction with expertise and were responsive to e-mails. Their online system was explanatory and made dealing with paperwork straightforward. Rothera Bray were proactive leading up to completion and I would highly recommend their services to others.
Ashley Parkin
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Posted 16 July 2026
We have just completed a difficult sale and purchase, throughout the conveyance Rothera Bray have been there for us. Joanne Clarke and Nirvair Kaur Singh worked hard to keep things on track and together with Jackie Murphy we are now safely in our new home. We would definitely have no problem recommending Rothera Bray based on our experience. Thank you
Barbara K
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Posted 15 July 2026
I engaged Rothera Bray for a motoring matter. They were professional, fair, honest and competent throughout - having spoken with a few other law firms, it was a very easy choice to go with them and I’m delighted that I did. Chelsey and Rebeca did an excellent job, gathering information and helping to focus on what mattered most. Anton was superb, putting me at ease “on the day”. He showed his expertise and command throughout and achieved a great outcome. Very grateful to the whole team and highly recommend.
Danny C
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Posted 15 July 2026
I recently dealt with Toby Byford at Rothera Bray who set up a will Trust for my father’s will. He was extremely polite and helpful throughout. He always responded promptly and answered my questions very clearly and in easy to understand language. He was very reassuring and made the whole process very straightforward. Thank you Toby.
Caroline D
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Posted 15 July 2026
The best experience I have ever had with solicitors. Superb from start to finish, kept me updated throughout regarding the sale of my home, were always there when I rang and really had my interests at heart. To complete in under 9 weeks was down the Rothera Bray, I can’t thank Lucy and Karen enough. I wouldn’t go anywhere else. Fee’s were really reasonable and transparent.
Greg W
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Posted 14 July 2026
Cannot speak highly of the team at Rothera Bray Beeston, who helped me along to get my issue resolved. Special mention goes to Jack English, who showed incredible resilience, along with a large dose of patience whilst guiding me along the way, so that the correct result was obtained. Would have no hesitation in recommending this practice for whatever legal service you require. Thank you once more!
Lee S
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Posted 13 July 2026
My divorce was a long drawn out process thanks to my ex-husband and Sarah made it a lot less stressful due to her professional caring nature and her expertise. Thank you.
Karen
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Posted 13 July 2026
We cannot thank Rothera Bray enough for the outstanding support they provided throughout our Special Guardianship Order (SGO) process. Thanks to their expertise, professionalism, and dedication, we achieved a successful outcome, and we genuinely couldn't have done it without them. A special thank you goes to Ann-Marie and Emily, who guided us every step of the way. They were always there to offer advice, reassurance, and practical support whenever we needed it. No question was ever too much trouble, and they responded to any concerns or issues incredibly quickly, giving us confidence throughout what was a very challenging and emotional process. Their professionalism, knowledge, and attention to detail are of the highest standard. They made us feel supported from start to finish and always had our best interests at heart. We are truly grateful for everything they have done for our family and would wholeheartedly recommend Rothera Bray to anyone in need of exceptional legal representation. Thank you again, Ann-Marie and Emily, for making such a positive difference to our lives.
Barbara
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Posted 10 July 2026
We were extremely satisfied with the service from Rothera Bray during the process of rewriting our Wills and Side letters. Our Wills are complex and our solicitor clarified the necessary changes and took the time needed to ensure we understood the legalities involved. The service was professional but friendly.
Bob and Yvonne Bundick