FAQs

Normally, an employee who is dismissed has the right to raise an internal appeal. A more senior manager will usually review the decision and decide whether it should be upheld. If the appeal is successful, the employee may be reinstated and paid any lost wages between dismissal and reinstatement.

In an unfair dismissal claim, an Employment Tribunal can order reinstatement or re-engagement, although this is rare in practice. Our employment tribunal solicitors can advise on your options.

Unfair dismissal can occur where an employee is dismissed and the employer either has no fair reason, follows an unfair procedure, or the decision is overly harsh and not a reasonable response.

In most cases, an employee currently needs two years’ service (which will reduce to six months’ service from January 2027) to bring an unfair dismissal claim, although some exceptions apply (for example where dismissal relates to whistleblowing, pregnancy, or asserting statutory rights). Our employment law solicitors in Stoke-on-Trent can advise on whether an unfair dismissal claim may apply.

A disciplinary procedure is usually a written policy setting out how an employer will deal with employee misconduct or poor performance. Employers should set out their procedures in writing, including the types of behaviour that could result in disciplinary action.