Unfair Dismissal Solicitors
in Glasgow, Scotland

Specialist Unfair Dismissal Lawyers

Dismissal disputes can arise in many different workplace situations. Our employment solicitors regularly advise clients on:

• Unfair dismissal claims
• Wrongful dismissal claims
• Constructive dismissal
• Redundancy disputes
• Disciplinary procedures
• Workplace investigations
• Employment Tribunal representation
• Discrimination-related dismissals
• Appeals against dismissal
• Settlement negotiations

We act for both employees and employers throughout Scotland.

What Is Unfair Dismissal?

Unfair dismissal occurs when an employer dismisses an employee without a fair reason or fails to follow a fair procedure before dismissal.

Employment Tribunals usually assess two main issues:

• Whether the employer had a potentially fair reason for dismissal
• Whether the employer acted reasonably in all the circumstances

Even where an employer has a valid reason, a dismissal may still be unfair if the correct procedure was not followed.

Potentially Fair Reasons for Dismissal

Under employment law, recognised fair reasons for dismissal can include:

An Employment Tribunal will consider whether dismissal was a reasonable response in the circumstances.

What Is Constructive Dismissal?

Constructive dismissal occurs where an employee resigns due to a serious breach of contract by the employer.

Examples may include:

• Bullying or harassment
• Non-payment of wages
• Significant changes to working conditions
• Breach of trust and confidence

Employees considering resignation should seek legal advice before leaving employment, as constructive dismissal claims can be complex.

Dismissal Procedures and the ACAS Code

Employers are generally expected to follow fair disciplinary and dismissal procedures in line with the ACAS Code of Practice.

This usually involves:

• Informing the employee of the allegations
• Providing supporting evidence
• Holding a disciplinary meeting
• Allowing the employee to respond
• Confirming the decision in writing
• Offering a right of appeal

Failure to follow a fair process can increase the risk of an unfair dismissal finding.

Employment Status and Eligibility

Only employees have the legal right to claim unfair dismissal.

Employment status can sometimes be disputed, particularly where individuals work as:

• Contractors
• Freelancers
• Consultants
• Self-employed workers

Legal advice may be needed to determine employment status before pursuing a claim.

Continuous Service Requirements

Most employees must have a minimum period of continuous employment before bringing an unfair dismissal claim.

In many cases, employees require:

• Two years’ continuous service for standard unfair dismissal claims

There are important exceptions where no minimum service is required, including dismissals linked to:

• Pregnancy or maternity
• Family leave
• Whistleblowing
• Discrimination
• Trade union activities

Our employment solicitors can advise whether you qualify to bring a claim.

Age Discrimination and Dismissal

Employers cannot automatically dismiss workers solely due to age unless the decision can be objectively justified.

Dismissals linked to age may involve:

• Unfair dismissal claims
• Age discrimination claims

Legal advice should be obtained quickly where retirement or age-related dismissal issues arise.

Time Limits for Unfair Dismissal Claims

Strict time limits apply to Employment Tribunal claims.

In most cases, unfair dismissal claims must be started within:

• Three months less one day from the termination date

Early Conciliation through ACAS is normally required before a Tribunal claim can proceed.

Missing a time limit can prevent a claim from moving forward, so early legal advice is strongly recommended.

Advice for Employers

Employers facing unfair dismissal allegations should obtain legal advice as early as possible.

Our employment lawyers assist employers with:

• Defending Tribunal claims
• Internal disciplinary procedures
• Investigations and hearings
• Settlement negotiations
• Appeal processes
• Employment policy reviews

Early advice can often help reduce legal risk and avoid disputes escalating further.

Step-by-Step Guide to Making or Defending an Unfair Dismissal Claim

Our employment law solicitors advise employees and employers throughout the unfair dismissal process. While every case is different, the following provides a general overview of the steps commonly involved.

1. 1

   Obtain Legal Advice as Early as Possible

   The first step is to seek legal advice after a dismissal or when concerns about a potential claim arise. Early advice can help clarify your legal position, identify important deadlines and assess the strength of any potential claim or defence.

2. 2

   Review the Circumstances of the Dismissal

   A detailed review of the events leading to the dismissal is required. This may involve examining disciplinary records, performance concerns, workplace correspondence, investigation reports and any reasons provided by the employer for ending the employment.

3. 3

   Assess Eligibility to Bring a Claim

   Not every dismissal gives rise to an unfair dismissal claim. Factors such as employment status, length of service and the circumstances surrounding the dismissal must be considered. Certain claims may qualify for legal protection without any minimum service requirement.

4. 4

   Gather Relevant Evidence

   Supporting evidence can play a significant role in any dispute. This may include employment contracts, disciplinary documents, emails, witness statements, meeting notes and records relating to workplace procedures.

5. 5

   Consider Internal Appeals

   Employees are often given the opportunity to appeal a dismissal decision. An appeal can provide an opportunity for the employer to review the decision and address procedural issues before a Tribunal claim becomes necessary.

6. 6

   Begin ACAS Early Conciliation

   Before most Employment Tribunal claims can proceed, ACAS Early Conciliation must be started. This process gives both parties an opportunity to explore settlement options and potentially resolve the dispute without formal litigation.

7. 7

   Submit or Defend an Employment Tribunal Claim

   If the dispute cannot be resolved, a claim may be lodged with the Employment Tribunal. Employees will present their case, while employers can submit a formal defence. Both parties may be required to provide documents and witness evidence.

8. 8

   Attend Hearings and Resolve the Dispute

   The case may conclude through settlement negotiations or proceed to a final Tribunal hearing. Following a decision or settlement, any compensation, remedies or agreed outcomes can then be implemented.

Why Choose Our Glasgow Employment Lawyers?

Our employment law solicitors advise employees and employers across Glasgow, Edinburgh, Aberdeen, Dundee, and throughout Scotland on dismissal disputes and Employment Tribunal claims.

Clients choose our team for:

We understand that dismissal disputes can be stressful and financially significant. Our solicitors work proactively to protect your interests and provide straightforward advice at every stage.

Frequently Asked Questions