At Alpha Shindara Law Firm, we specialize in employment law, ensuring that employees and employers receive fair treatment under UK employment regulations. In this case study, we share how we successfully defended an employee in an unfair dismissal claim at an Employment Tribunal, securing justice and compensation for our client.
If you believe you have been unfairly dismissed, this guide will help you understand:
✅ What constitutes unfair dismissal
✅ The legal process of an Employment Tribunal claim
✅ How our expert solicitors can help you win your case
1. What is Unfair Dismissal?
Under the Employment Rights Act 1996, an employee cannot be dismissed without a fair reason and proper procedure. If an employer fails to follow the correct legal steps, the dismissal may be deemed unfair.
Common Reasons for Unfair Dismissal
???? Lack of a valid reason – Dismissal without just cause.
???? Failure to follow proper procedures – No warnings, no due process.
???? Discrimination-based dismissal – Fired due to race, gender, disability, pregnancy, or other protected characteristics.
???? Retaliation – Dismissed for whistleblowing, raising a grievance, or asserting legal rights.
???? Legal Tip: If you’ve been dismissed unfairly, you have three months less one day from the dismissal date to file a claim at the Employment Tribunal.
2. Case Overview: How We Won an Unfair Dismissal Claim
Our client, Michael, had worked at a well-known logistics company for five years with a clean employment record. One day, he was suddenly dismissed without warning. His employer cited poor performance, but Michael had never received any formal warnings or performance improvement plans.
Feeling shocked and betrayed, Michael sought legal help from Alpha Shindara Law Firm, and we immediately took action.
Key Issues in Michael’s Case
???? No fair reason – The employer failed to prove legitimate grounds for dismissal.
???? Lack of due process – Michael was dismissed without warnings or hearings.
???? Discrimination concerns – Evidence suggested he was dismissed in favor of younger, less-experienced employees.
After reviewing his case, we advised Michael to file an Employment Tribunal claim for unfair dismissal and potential discrimination.
3. The Employment Tribunal Process: Step-by-Step
Step 1: Filing the Claim (Early Conciliation with ACAS)
Before going to the Tribunal, we initiated Early Conciliation with ACAS (the UK’s employment dispute resolution body). The employer refused to negotiate, so we proceeded with the claim.
Step 2: Submitting the Employment Tribunal Claim (ET1 Form)
We submitted the ET1 claim form, outlining Michael’s case, the unlawful dismissal, and our legal arguments.
Step 3: Employer’s Response (ET3 Form)
The employer responded with ET3, attempting to justify their decision. They claimed Michael was dismissed for “underperformance,” but we countered this with evidence of his positive performance reviews.
Step 4: Gathering Evidence & Witnesses
To strengthen Michael’s case, we:
✅ Obtained company emails showing no previous complaints about his performance.
✅ Secured witness statements from colleagues supporting his claims.
✅ Provided performance records showing he met all work targets.
Step 5: Employment Tribunal Hearing
During the hearing, we presented strong legal arguments and undeniable evidence that:
- Michael’s dismissal was procedurally unfair (no proper warnings or reviews).
- There was an element of age discrimination (younger, less experienced employees were retained while he was fired).
- The employer failed to justify their decision.
???? Legal Tip: At an Employment Tribunal, the burden of proof initially falls on the employee, but if a dismissal is clearly unfair, the employer must prove otherwise.
4. Tribunal Outcome: Victory for Michael!
After reviewing the evidence, the Tribunal ruled in Michael’s favor, stating that:
✅ His dismissal was procedurally and substantively unfair.
✅ The employer had no valid reason to terminate his contract.
✅ He was entitled to compensation for lost earnings and damages.
Compensation Awarded
???? Lost Earnings: Full salary for the period he was unemployed.
???? Basic Award: Compensation based on his salary and years of service.
???? Additional Compensation: Due to the employer’s lack of due process.
???? Result: Michael received a significant financial settlement and was able to move on to a better job!
5. How Alpha Shindara Law Firm Can Help You
If you have been unfairly dismissed, our expert employment solicitors can help you:
✅ Assess your case and determine if you have grounds for a claim.
✅ Negotiate a settlement through ACAS to avoid lengthy court battles.
✅ Represent you at the Employment Tribunal and fight for justice.
✅ Maximize your compensation by proving unfair treatment and procedural failures.
???? Call us today: 0113-277-0916
???? Email: info@alphashindara.co.uk
???? Visit us: Unit 8 Ashbrooke Business Park, Parkside Lane, Beeston, Leeds LS11 5SF
???? Unfairly dismissed? Get expert legal help NOW!
Final Thoughts: Know Your Rights & Take Action
Unfair dismissal can be financially and emotionally devastating, but you don’t have to fight alone. At Alpha Shindara Law Firm, we specialize in employment law and have a strong track record of winning unfair dismissal cases.
If you believe your dismissal was unjust, contact us today for a free initial consultation and let us help you get the justice you deserve!
???? Your job. Your rights. Your justice. Let us fight for you! ????⚖️
