Whistleblowing Solicitors in Cheltenham
Clear legal advice on whistleblowing disclosures and protection under UK law
Understanding Legal Protection for Whistleblowers
Dismissal from employment can have serious financial and professional consequences. UK employment law provides protection against unfair dismissal, but those protections only apply where specific legal conditions are met.
At Pembridge Solicitors, we are Cheltenham-based employment solicitors advising individuals on unfair dismissal claims. From our Cheltenham office, we help clients assess whether their dismissal was lawful, understand their options, and take appropriate action within strict legal time limits.
Not every dismissal is unfair in law. Understanding where the law draws the line is critical before taking further steps.
When a Dismissal May Be Unfair
In broad terms, a dismissal may be unfair if an employer does not have a valid legal reason for dismissing an employee, or if they fail to follow a fair process.
Employers are required to act reasonably. Even where there may be a potentially fair reason for dismissal, the process followed and the decision reached must fall within the range of reasonable responses open to an employer in the circumstances.
We advise clients on whether the reason given and the procedure followed are likely to meet the legal standard.
Qualifying for an Unfair Dismissal Claim
In most cases, an employee must have at least two years’ continuous service to bring an unfair dismissal claim. However, there are important exceptions.
Certain dismissals are classed as automatically unfair, meaning no minimum length of service is required. These include dismissals connected to whistleblowing, pregnancy or maternity, health and safety concerns, trade union activities, or asserting statutory rights.
We assess eligibility carefully at an early stage to confirm whether a claim can be pursued.
Dismissal Reasons and Tribunal Assessment
Employers can lawfully dismiss employees for certain reasons, including conduct, capability, redundancy, statutory restriction, or some other substantial reason. However, the existence of a potentially fair reason does not automatically make a dismissal fair.
In practice, many unfair dismissal claims arise because the employer failed to investigate properly, applied procedures inconsistently, or reached a decision that was disproportionate in the circumstances.
We advise on how tribunals assess fairness and how similar cases are typically approached.
Process, Fairness, and Employer Decision-Making
Procedural fairness is central to unfair dismissal claims. Tribunals look closely at whether the employer followed a fair process, including giving warnings where appropriate, allowing representation, and considering alternatives to dismissal.
A failure to follow a fair procedure can render a dismissal unfair, even where substantive concerns existed. Employers are expected to act promptly, consistently, and transparently.
We provide practical advice on how procedural failures affect the strength of a claim.
What to Do After Dismissal
If you have been dismissed, it is important to seek advice promptly. Strict time limits apply, and claims must usually be started within three months less one day of the effective date of dismissal.
Before a claim can be issued, ACAS Early Conciliation is mandatory. We advise clients throughout this process and on whether negotiation, settlement, or tribunal proceedings are the most appropriate next step.
What Compensation May Be Available
If an unfair dismissal claim succeeds, the tribunal may award compensation or, in rare cases, order reinstatement or re-engagement.
Compensation usually consists of a basic award and a compensatory award, subject to statutory limits. The amount awarded depends on factors such as loss of earnings, mitigation efforts, and future employment prospects.
We advise realistically on potential outcomes so clients can make informed decisions about how to proceed.
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Common questions about unfair dismissal
How do I know if my dismissal was unfair?
A dismissal may be unfair if your employer did not have a valid reason, or if they failed to follow a fair process before dismissing you. This includes issues such as lack of warnings, inadequate investigation, or a rushed decision.
A solicitor can review the facts and help you understand whether your dismissal may meet the legal test for unfair dismissal.
Do I need two years’ service to claim unfair dismissal?
In most cases, yes. Employees usually need at least two years’ continuous service to bring an unfair dismissal claim. However, there are exceptions, including dismissals linked to discrimination or certain protected rights.
Legal advice can help clarify whether the qualifying period applies to your situation.
What are the time limits for bringing a claim?
Unfair dismissal claims are subject to strict time limits. In most cases, you must begin the process within three months less one day from the date your employment ended.
Because these deadlines are strict, it is important to seek advice as soon as possible.
Can I challenge a dismissal even if I was given a reason?
Yes. Even where a reason is given, the employer must still act reasonably and follow a fair procedure. A dismissal can still be unfair if the process was flawed or the decision was unreasonable.
Will I have to go to a tribunal hearing?
Not all cases go to a final hearing. Many unfair dismissal claims are resolved earlier through negotiation or settlement.
Your solicitor will explain how likely a hearing is in your case and what to expect if the matter proceeds further.
Unfair Dismissal Advice for Clients in Cheltenham and Nationwide
We advise and represent clients in Cheltenham, Tewkesbury, and Gloucester, as well as across the wider England and Wales police station network. Representation can be provided in person or remotely, depending on the circumstances.
Speak to an Unfair Dismissal Solicitor in Cheltenham
If you believe you have been unfairly dismissed or would like advice on your employment rights, our solicitors are here to help. We provide clear, practical guidance focused on helping you move forward with confidence.
To speak to one of our unfair dismissal solicitors, call 0330 900 0377 or contact us online to arrange a confidential consultation.
How to Find Us
Pembridge Solicitors
Calderwood House
Montpellier Parade
Cheltenham
GL50 1UA