Claims against employers

Unfair dismissal, discrimination & tribunal claims.

If your employment has ended unfairly, or you are experiencing discrimination at work, you may have a legal claim against your employer. We advise on your options clearly and without jargon.

Unfair dismissal

If you have been dismissed and have at least two years' continuous service, you are entitled to not be unfairly dismissed. Your employer must have a valid reason for dismissal — such as conduct, capability, or genuine redundancy — and must follow a fair procedure before dismissing you.

Common examples of unfair dismissal include: dismissal without following a proper disciplinary process, dismissal for raising a grievance or whistleblowing, dismissal connected to sickness absence, or dismissal where the stated reason is not the real reason.

Compensation for unfair dismissal can include a basic award (calculated similarly to redundancy pay) and a compensatory award for loss of earnings, capped at the lesser of one year's gross pay or the statutory limit.

Constructive dismissal

Constructive dismissal occurs when your employer fundamentally breaches your employment contract — making your position so intolerable that you have no realistic choice but to resign. Common examples include: removal of key responsibilities without agreement, reduction of pay, bullying or harassment that the employer fails to address, or a significant change to working conditions.

To bring a constructive dismissal claim, you must resign in response to the breach and do so relatively quickly. You should take legal advice before resigning if possible, as the timing and wording of your resignation can significantly affect your claim.

Discrimination claims

The Equality Act 2010 protects employees from discrimination based on protected characteristics. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Discrimination claims are not subject to the two-year qualifying period for unfair dismissal, and compensation is uncapped. Types of discrimination include direct discrimination, indirect discrimination, harassment, and victimisation.

  • Direct discrimination — being treated less favourably because of a protected characteristic
  • Indirect discrimination — a policy or practice that disadvantages people with a protected characteristic
  • Harassment — unwanted conduct related to a protected characteristic that creates an intimidating, hostile, or offensive environment
  • Victimisation — being treated detrimentally because you raised a discrimination complaint

Whistleblowing (protected disclosures)

If you have raised concerns about wrongdoing at work — including health and safety issues, legal breaches, or financial irregularities — and have been dismissed or treated detrimentally as a result, you may have a claim for automatic unfair dismissal or detriment. There is no qualifying period for whistleblowing claims and compensation is uncapped.

Employment tribunal time limits

Most employment tribunal claims must be brought within three months (less one day) of the act complained of. This deadline is strict. Before submitting a claim, you must also notify ACAS via their early conciliation service, which pauses the time limit during the conciliation period.

If you think you have a claim, do not delay in seeking advice. Contact us as early as possible to preserve your options.

Settlement rather than tribunal

Most employment disputes settle before reaching a tribunal hearing. If your employer offers a settlement agreement to resolve a potential claim, we can advise on whether the offer reflects the value of your case and negotiate improved terms where appropriate.

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