Unfair and Wrongful Dismissal

If you’ve dismissed an employee and they’re bringing a claim, we’ll help you respond fast and defend your position. Unfair dismissal happens when someone is let go without a valid reason or a fair process, usually after two years of service. Wrongful dismissal is about breaching the terms of a contract, often by not giving proper notice or pay in lieu. Whether the issue is unfair dismissal, wrongful dismissal or both, our team will guide you through the process clearly and keep risks to a minimum.

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Grey image placeholder with image icon centralised

Early risk audits of proposed dismissals

We’ll assess the facts and flag any weaknesses in your case. You’ll get clear advice on what to fix before you act, so you stay on the right side of the law and reduce Tribunal exposure.

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Compliant disciplinary, capability, and redundancy procedures

We draft, review, and update your policies to make sure they’re legally sound. We also help with consultation processes, selection criteria, and guidance for managers.

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Investigation and disciplinary hearing support

Real-time advice to plan investigations, script interview questions, and draft outcome letters. Everything we do follows ACAS guidance and keeps your process defensible.

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ET3 and grounds of resistance

If you get a claim, we’ll prepare a strong ET3 response and set out your defence clearly. Our team will also help you gather evidence and prepare witnesses for a hearing, cost-effectively.

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Settlement agreements and negotiation

We’ll lead on without-prejudice discussions, help you weigh the risks commercially, and draft settlement agreements or COT3s that protect your business. That includes confidentiality terms, waivers, and post-termination restrictions where needed.

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Representation at Employment Tribunal hearings

We provide experienced advocacy at all stages, including final hearings. We provide effective cross-examination, and persuasive submissions to protect your position. We’re focused on protecting your business and delivering a clear, cost-effective defence.

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Questions we’re often asked

What’s the difference between unfair and wrongful dismissal?

Unfair dismissal focuses on the reason for dismissal and whether the correct process was followed. Wrongful dismissal is about breach of contract, usually failure to give notice.

How much service is needed for an unfair dismissal claim?

Usually two years of continuous employment, unless it’s an automatically unfair reason like whistleblowing or pregnancy.

What remedies are available for unfair dismissal?

Possible remedies include reinstatement, re-engagement, and compensation. Compensation is subject to statutory caps.

What can someone claim for wrongful dismissal?

Notice pay and any benefits due during the notice period. These damages are not capped.

Should we suspend someone during an investigation?

Only if necessary. If you do suspend, it should be on full pay and kept under regular review. Document your reasons.

When is the ET3 due?

The ET3 response must be submitted within 28 days of receiving the ET1 claim form.

Trusted by organisations, families and professionals across the UK
Euan Lawrence was fantastic; he was efficient, understanding, and very clear in his communication on points of law. He actively listened and gave brilliant professional advice. The administrative team that supported and worked with him was equally helpful and efficient.
Legal 500
Trusted by organisations, families and professionals across the UK
Euan made himself available and kept me informed of timelines and progress. I was not rushed or interrupted.
Legal 500
Trusted by organisations, families and professionals across the UK
The key thing for me was the empathy and emotional intelligence that Euan Lawrence demonstrated. He was patient, actively listened, and explained points of law to me in a simple yet not condescending manner. I was referred to him by another colleague who had gone through the same process.
Legal 500
Trusted by organisations, families and professionals across the UK
Excellent real-world and experienced knowledge, very clear communication, and transparent billing.
Legal 500
Trusted by organisations, families and professionals across the UK
Euan Lawrence is expert in the field of employment law.
Legal 500
Trusted by organisations, families and professionals across the UK
I feel the approach from all the staff at Blacks has been first class. David Ward has carefully guided me through the process and often picks up the phone for a chat to offer advice on things to do and things to avoid.
Legal 500
Trusted by organisations, families and professionals across the UK
A very friendly and approachable law firm. All the way through, the whole team at Blacks has been extremely supportive, providing excellent advice and support.
Legal 500
Trusted by organisations, families and professionals across the UK
The team has a wide range of knowledge and skills. My case required senior partners to apprentice-level support. Everyone I met and had contact with was kind, professional, and personable. It felt amazing to have such an awesome team in my corner, showing support and wishing me luck with my case.
Legal 500
Trusted by organisations, families and professionals across the UK
Paul Kelly is knowledgeable, action-focused, and has taken the time to learn about us and our sector. He is a great sounding board.
Legal 500
Trusted by organisations, families and professionals across the UK
I find the team to be really responsive and helpful, providing excellent advice and support at all times. Nothing has been too much trouble, and we have really valued their support.
Legal 500

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