16th March 2025.

Dear Miss Marshall,

Following our recent discussions dated the 28th February 2025, we are now able to provide
you with a comprehensive legal advice letter concerning your potential claims against your
former employer. This letter explains the key issues, your rights and the options available to
you regarding unfair dismissal, procedural fairness and related matters.

Legal Aspects of Your Case.

Regarding UK employment law, your case brings up a number of significant issues, chief
amongst them being the fairness of your dismissal. Under the Employment Rights Act 1996
(ERA 1996), particularly under Section 98; ‘an employee who is dismissed has the right not
to be unfairly dismissed. In order for your claim of unfair dismissal to be successful, you
must show that your employer’s decision to dismiss you were either made unfairly or for an
unfair decision, which in your case would be both.

Substantive Fairness.

The reason for your dismissal was lateness on a single occasion. Within case law such as
Brito-Babapulle v Ealing Hospital NHS Trust, tardiness by itself is unlikely to constitute to
serious misconduct that warrants a summary dismissal, particularly in your case where it was
promptly notified and not repeated. Gross misconduct is defined to be a serious misconduct
that fundamentally breaches the employment contract, including theft, violence or any serious
policy violations. A single incident of lateness, particularly when you had provided prior
notice, will not meet this threshold, which rendering the dismissal substantively unfair.

Procedural Fairness.
Procedural fairness is equally critical, section 98(4) of the ERA 1996 stipulates that an
employer must follow a fair disciplinary procedure before dismissing an employee, which
generally includes informing the employee of the allegations, which allows them to respond,
and provides an opportunity for an appeal. In your case your employer dismissed you
immediately, without an issue of warning or holding a disciplinary hearing, they also failed to
provide you with an opportunity to respond. This is a clear breach of the ACAS Code of
Practice on Disciplinary and Grievance Procedures, which sets out recommended procedures
to ensure fairness. Additionally, your employer did not provide a written reason for your
dismissal, nor did they offer a formal appeal process. Such procedural failings are significant
because they are depriving you of the chance to contest the allegations and defend yourself,
which is fundamental to fairness under the UK employment law. The absence of a proper
process often leads to tribunals to find dismissals unfair, even if the reason may have been
potentially fair under certain circumstances.

Additional Branches & Their Impact.

In addition to the process’s fairness, your employer violated your statutory employment rights
under the ERA 1996 by failing to notify you or your termination and by not paying your final
wages on time. Legally. Employers must notify workers of changes to their employment
status in a clear and concise manner and pay wages on time. These shortcoming support the
claim that your dismissal was handled in an unfair and illegal manner.

Legal Remedies & Potential Outcomes.

Given these issues, you are entitled to bring a claim for unfair dismissal to an employment
tribunal. The tribunal will then consider whether your employer’s decision was both
substantively and procedurally fair, applying the ‘band of reasonable responses’ test
established in the case law such as Polkey v AE Dayton Services Ltd. Your strong evidence of
a procedural failing and the minor nature of your misconduct could give your claim a good
prospect of success. If your claim is successful, the potential possible remedies include:

1. Compensation for loss of earnings, benefits and potentially for injury to your feelings
or emotional distress, depending on the circumstances.
2. Reinstatement or reengagement, though these are less common and may be difficult
to achieve especially in cases such as yours where the employer-employee
relationship has been broken down.
3. Expunging any record of gross misconduct from your employment record, if your
claim has shown that the employer unjustly characterised your conduct.

You may also be eligible for legal costs coverage if you recover damages or settle your claim,
and there are various funding options available, including funding such as legal aid if you’re
eligible.

Pre Action Steps & Next Moves.

Before initiating formal proceedings, you should consider ACAS early conciliation. This
process involves an independent conciliator attempting to resolve the dispute without
Tribunal involvement, which can save both time and costs. Throughout this phase, you can
seek compensation or reinstatement. Many disputes tend to be settled within this stage. We
recommend gathering any and all relevant documentation – your employment contract, pay
slips, correspondence, records of the dismissal, and any and all communication you’ve had
with your employer. Writing to your employer to request written reasons for your dismissal
and clarification on disciplinary procedures would also be advisable. Consulting with an
employment solicitor can provide tailored advice and assistance for the negotiations or
tribunal proceedings.

Additional Considerations.

It is worth noting that, depending on the exact circumstances within your case there may be
further grounds for additional claims such as breach of contract or discrimination, its
recommended that you review your employment records carefully in order to identify any
other potential breaches or issues that would strengthen your case. Furthermore, if your
experiencing emotional distress or hardship due to the manner of your dismissal, you might
consider claiming for injury to feelings which is often awarded with unfair dismissal claims
under certain circumstances.

Summary of Legal Aspects Embedded in Your Case.

 Your dismissal was potentially substantively unfair due to the lateness being on one
single occasion not amounting to that of gross misconduct.
 Procedural deficiencies, including that of a lack of a disciplinary hearing, warnings or
that of an appeal process are in violation of the requirements for fairness under the
ERA 1996 and the ACAS guidelines.
 Failure to pay your final wage and communicate properly also constituted to a breach
of employment rights.
 These combined factors are supportive for a strong claim for unfair dismissal with the
potential for substantial compensation and/or remedies.

In conclusion, your dismissal appears to lack the procedural fairness, and it was likely
disproportionate given the circumstances. You have strong grounds to be able to challenge
this decision and to seek the appropriate compensation, including that of the possibility of
clearing your employment record of any allegations made of gross misconduct by the
employer. Acting promptly will help to preserve your rights and also improve your chances of
a successful resolution to your case.

For further information and guidance, you may wish to explore the following employment
law websites to aid your understanding and knowledge:

Gov.uk - Employment Rights and Unfair Dismissal

Acas (Advisory, Conciliation and Arbitration Service)

Citizens Advice - Employment Law

Employment Tribunal Service

ACAS Code of Practice on Disciplinary and Grievance Procedures

Legal Aid Agency - Employment Law

Yours sincerely,

Maddie Carter.