Wrongful or Unfair Dismissal Claims Defence Lawyers
Behind every successful business you will find a dedicated and professional workforce. However, even in the most successful businesses, disputes over issues such as performance, disciplinary issues, grievances and sickness are sometimes unavoidable. As an employer, you may feel that you have strong grounds to dismiss one of your employees for a particular reason. However, there are laws surrounding dismissing a member of staff which must be considered before you take this step.
If your company needs to terminate an employee’s contract, you must ensure that you go about it in the correct way. Failure to do so could result in employment tribunal claims for unfair dismissal (as well as potentially other claims) and awards of compensation being brought against the company. Costly employment tribunals can have a devastating effect on small to medium size businesses, as well as larger companies. Such claims can also have a damaging impact on a company’s brand and reputation. Therefore, it is of the upmost importance to obtain the right advice and support.
In assessing the fairness of a dismissal, the tribunal will look at whether the employer had fair reason for dismissal and if they followed a fair procedure. If you are an employer and need to know more, we are here to help. Whether you are facing claims from a former employee regarding unfair dismissal or need to know more on where you stand before deciding whether to terminate a member of staff’s contract, we can provide you with sound legal advice.
Constructive Dismissal is where an employer commits a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. The most common term of the employment contract that leads to a constructive dismissal claim is a breach by the employer of the implied term of mutual trust and confidence (which is essentially a duty to act as a fair and decent employer), however the breach can be of an express term e.g. a failure to pay an earned contractual bonus. The employee is entitled to treat him or herself as having been “dismissed” and the employer’s breach (or series of breaches) has to be so serious that it is a “repudiatory breach” of the employment contract.
A grievance is a complaint in writing setting out any concern, problem or complaint that an employee may wish to raise with their employer. This could relate to just about anything, whether regarding working conditions, pay, relationships with colleagues/managers, failure of process, or any aspect of how the employee is being treated. A grievance can be made at any time even in response to disciplinary, redundancy or performance process if an employer’s actions are deemed by the employee to be unfair, or unwarranted.
Sickness & Absence
An employee who is absent due to sickness remains an employee and should not be forgotten by the employer. Although an employee on sickness absence is not required to work, they do still have a duty to remain contactable by their employer and to keep their employer informed.
An employee who is off sick for a prolonged period can be fairly dismissed if they are unlikely to be well enough to return to work within a reasonable time and there are no steps the employer can take to get the employee back to work, including looking at alternative roles. Such an employee may be disabled under the Equality Act 2010 so advice should be taken before considering terminating their contract of employment.
At Analysis Legal we constantly provide employment law advice throughout the UK on dismissals and we have a proven track record of achieving successful outcomes for employers and employees in cases brought before the Employment Tribunal and the Employment Appeal Tribunal.
Once again Analysis Legal LLP is a leading firm in the Legal 500 directory, which states ‘Kate Oberg provides pragmatic advice to companies in a variety of sectors, with established strength in matters regarding dismissal and discrimination claims, holiday pay, and employee contracts’.
Why choose Analysis Legal?
As a specialist employment law practice, we have years of experience in dealing with dismissal claims and all other matters of employment law for employers. From our office in Stockport, we regularly help clients across Manchester and the North West, notably Sheffield, Liverpool and Leeds. We can also assist you wherever you are based in England and Wales.
Our team of Employment Law Solicitors in Manchester are very transparent, and that is why we offer fixed fees for our services where possible. We will keep you updated on any legal process, turning complex legal jargon into easy-to-understand language. We constantly renew our own knowledge around the law to stay up-to-date with any changes.
We understand that every business is different, which is why our service is tailored to your needs. You can be assured that you will receive first-class service, and we take time to understand your values and requirements to help you defend this dismissal claim.
We want to help you grow, which is why we offer advice such as identifying training requirements and ensuring you are aware of any recent changes to the law. This will help you better plan for the future, potentially updating any legal documents required.
If you need help fighting a dismissal claim today, get in touch and we will fight your corner.