At Ashtons HR Consulting, we provide robust unfair dismissal defence services to employers of all sizes and across various sectors. We know how important it is to deal promptly and effectively with allegations, and our team have the expertise to provide the representation you need. If you are facing an employee claim, contact our unfair dismissal solicitors today, and we will start work immediately to resolve the matter.
Finding an early solution will allow you to focus your energies on your business. It will also prevent the situation from deteriorating and damaging staff morale and your organisation’s reputation.
We always aim to find a solution without needing a tribunal. We will discuss the options and negotiate on your behalf to achieve the best outcome.
For more information on our services, see our Employment Law for Employers page.
Contact our Unfair Dismissal Claims Solicitors Today
For unfair dismissal claims advice for employers, please contact our unfair dismissal solicitors in Bury St Edmunds, Cambridge, Ipswich, Norwich and Leeds.
When you work with us, we can provide HR consultancy and legal support, depending on your needs.
What is Unfair Dismissal?
Unfair dismissal occurs when there is no fair reason for the dismissal, or the cause is insufficient to justify it.
Reasons that may be fair reasons for dismissal are:
- Conduct
- Capability
- Redundancy
- It would not be legal for the employee to continue their work, for example, if they are a driver who has lost their driving licence
- Some other substantial reason
As an employer, it is essential to follow a fair and correct procedure when dismissing an employee. If you are considering dismissing employees, we can check whether they would have grounds for unfair dismissal claims and work with you to ensure that their dismissal is fair.
For more information, see our Dismissing Employees page.
What is unfair discrimination in the workplace?
It is unlawful to dismiss an employee on the grounds of a protected characteristic, namely:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Gender
- Sexual orientation
Treating an individual less favourably because of one of these characteristics is unfair discrimination. Should an employee be dismissed for one of the above reasons, they could have a claim for unfair dismissal and discrimination.
Our Unfair Dismissal Services for Employers
Employment Tribunal Representation
We can provide expert advice and representation if you are facing an employment tribunal hearing for unfair dismissal. We will explore the potential for resolving matters before the hearing while ensuring that we build the most robust case on your behalf.
If it is impossible to agree on an out-of-court solution, we will ensure an experienced unfair dismissal barrister represents your business and that all available evidence is put before the tribunal in support of your position.
If your business has received an unfavourable tribunal ruling based on an incorrect point of law, we can represent you at an employment tribunal appeal.
Settlement Agreements
It is sometimes the best option to offer an employee a settlement agreement. This can be the fastest and most cost-effective way of dealing with valid unfair dismissal compensation claims.
In return for a lump sum, the employee will agree to waive certain rights to bring a case against you, although it should be noted that not all rights can be waived. For example, an employee could still bring a future personal injury claim.
We can draft a comprehensive settlement agreement that will protect your rights and interests by requiring confidentiality and preventing the employee from making derogatory statements about you or your organisation.
Where necessary, we can negotiate the terms and conditions on your behalf, ensuring you have a firm agreement and that the matter is dealt with promptly.
For related information on our services, see our Redundancy and Business Organisation page.
Drafting and Reviewing Employment Contracts
Having clear, transparent employment contracts will give you a solid foundation for your employee relationships. It will reduce the risk of misunderstandings and disputes and set out a straightforward procedure for the dismissal process.
We can draft bespoke employment contracts to suit your needs. We also review employment contracts, providing feedback and suggesting amendments where needed.
Mediation and Dispute Resolution
If you are dealing with a request for compensation for unfair dismissal, seeking legal advice straightaway can help you avoid escalating the problem. We can work to resolve matters without the need for tribunal intervention. Where necessary, we can assist you through the mediation process to try and find an acceptable solution.
Our unfair dismissal claims team has extensive experience dealing with disputes and a proven track record of successfully resolving them out of court.
Workplace Investigations
As part of a fair dismissal process, employers must conduct workplace investigations to establish the facts of a case. We can assist in this by discussing with you the evidence that you will need and the investigations that need to be made to ensure that you meet your responsibilities.
Appeals Against Unfair Dismissal
If you are notified that an employee intends to make an appeal against unfair dismissal, we can step in to manage the case from the start. We will examine whether their claim complies with unfair dismissal law and whether there is a quick way to resolve matters.
We can examine the evidence at the outset and advise you of the strengths and weaknesses of your case and what you might expect to happen should the employee take their claim for unfair dismissal compensation to a tribunal.
Employees are often open to negotiating a solution that will allow them to move on and find a new position elsewhere. We can represent you in working to resolve matters promptly.
Where necessary, we can advise you through the Acas early conciliation process.
For more information on our services, see our Employment Law for Employers page.
Why Choose our Unfair Dismissal Solicitors?
Our team has extensive experience handling unfair dismissal cases and working with businesses across many sectors. We will work with you to establish your goals and clearly explain your options.
We have an excellent reputation for our employer legal services in unfair dismissal cases and related areas. If you are experiencing problems with the dismissal process, our solicitors can provide the specialist advice you need.
Unfair Dismissal Claims Fees for Employers
Our unfair dismissal defence fees represent excellent value for money. We will ensure that you have a clear breakdown of the likely costs at the outset and keep you updated throughout.
Frequently Asked Questions About Unfair Dismissal Claims
On what grounds can an employee claim unfair dismissal?
An employee may be able to claim unfair dismissal if you did not have a fair reason to dismiss them. Some reasons are deemed unfair, including dismissal on the grounds of:
- A flexible working request
- A request for statutory rights, such as the minimum wage
- Action over a health and safety issue
- Pregnancy or being on maternity leave
- Whistleblowing
- Trade union membership or trade union action
Similarly, dismissal on the grounds of a protected characteristic such as race, age or disability is also unfair as well as discrimination.
What is needed to prove unfair dismissal?
In an unfair dismissal case, it is for the employer to prove that the dismissal was fair. We can work with you to put together evidence that you followed the correct procedure and that you have valid grounds for the dismissal.
What is the time limit for an employee unfair dismissal claim?
The time limit for unfair dismissal claims is three months minus one day from the date that an employee’s employment was terminated.
For information relating to our tribunal services, see our Employment Tribunal Solicitors page.
Contact our Unfair Dismissal Solicitors Today
For advice and representation in unfair dismissal compensation claims made against employers, please contact our unfair dismissal solicitors in Bury St Edmunds, Cambridge, Ipswich, Norwich and Leeds.
When you work with us, we can provide HR consultancy support, as well as legal support, depending on your needs.