Unfair Dismissal in Scotland
If you’ve lost your job and believe the reasons or the process were unfair, you may have a legal right to challenge your dismissal. At Pomphreys Solicitors in Wishaw, we help employees across Scotland understand their rights and take action to protect their income, reputation and future.
What Counts as Unfair Dismissal?
In Scotland, an employer must have both a fair reason and follow a fair procedure when dismissing an employee. If they fail on either point, you may have a claim for unfair dismissal.
Common unfair dismissal situations include:
- Being let go without warning or explanation
- Dismissal following a grievance or whistleblowing
- Dismissal during or after maternity, paternity or sick leave
- Being replaced for non-performance without opportunity to improve
- Dismissal based on discrimination or trade union activity
You usually need to have worked for your employer for at least two years to make a claim—although some dismissals (e.g. related to whistleblowing or discrimination) don’t require this length of service.
How We Can Help You Challenge an Unfair Dismissal
If you’ve recently been dismissed and feel it was unjustified, it’s essential to act quickly. We’ll assess the circumstances of your dismissal, help you understand whether your employer acted lawfully, and guide you through your next steps.
Our service includes:
- Reviewing your employment history and dismissal details
- Advising whether you meet the criteria to make a claim
- Helping you raise a formal grievance or appeal
- Representing you in ACAS Early Conciliation
- Preparing and submitting a claim to the Employment Tribunal
- Negotiating compensation or a settlement where appropriate
We aim to resolve matters as swiftly and cost-effectively as possible—while making sure your rights are fully protected.
The Legal Process: What to Expect
Unfair dismissal cases in Scotland usually begin with ACAS Early Conciliation—a required step before submitting a tribunal claim. During this phase, both parties have a chance to resolve the matter without going to court.
If a settlement isn’t reached, you may submit a formal Employment Tribunal claim. We’ll draft the necessary paperwork, help gather evidence, and represent you at hearings if needed.
The goal may be financial compensation, reinstatement, or simply achieving closure and accountability for how you were treated.
Acting Quickly Matters
Strict time limits apply to employment claims. In most cases, you must begin the ACAS conciliation process within three months less one day of your dismissal. Delays can cost you the right to bring a claim, even if it’s otherwise valid.
We recommend seeking legal advice as soon as possible after your employment ends.
Why Choose Pomphreys Solicitors?
We’re here to help you move on—stronger and supported. Clients across Wishaw and Lanarkshire trust Pomphreys for:
- ✅ Clear advice from experienced employment law specialists
- ✅ Honest assessment of your case and likelihood of success
- ✅ Skilled representation at all stages of your claim
- ✅ A focus on achieving fair outcomes, not just legal wins
If you’ve been treated unfairly at work, you don’t have to accept it. Let us help you challenge it.
Stand Up for Your Rights at Work
If you’ve been dismissed unfairly or treated unlawfully by your employer, don’t wait, get in touch with Pomphreys Solicitors today. We’ll provide you with clear, honest advice about your current situation, help you understand the legal process, and take prompt action to protect your rights. Contact us now to arrange a confidential consultation.
You may also be interested in:
- Settlement Agreements – if your employer has offered terms for ending your employment
- Redundancy – if you believe your redundancy may have been handled unfairly
- Wills and Estate Planning – if your employment change has affected long-term plans
❓ Common Questions About Unfair Dismissal
📅 How long do I have to bring a claim?
You must start ACAS Early Conciliation within three months (minus one day) of the date of dismissal. Don’t wait—get advice early.
💷 How much compensation can I get?
It depends on your length of service, lost earnings, and the circumstances of your dismissal. We’ll help you understand what’s realistic.
⚖️ Can I be reinstated if I win my case?
Possibly, but most successful claims end in compensation rather than reinstatement. We’ll discuss what’s right for you.
