Unfair and Wrongful Dismissal
If you’ve dismissed an employee and they’re bringing a claim, we’ll help you respond fast and defend your position. Unfair dismissal happens when someone is let go without a valid reason or a fair process, usually after two years of service. Wrongful dismissal is about breaching the terms of a contract, often by not giving proper notice or pay in lieu. Whether the issue is unfair dismissal, wrongful dismissal or both, our team will guide you through the process clearly and keep risks to a minimum.
Early risk audits of proposed dismissals
We’ll assess the facts and flag any weaknesses in your case. You’ll get clear advice on what to fix before you act, so you stay on the right side of the law and reduce Tribunal exposure.
Compliant disciplinary, capability, and redundancy procedures
We draft, review, and update your policies to make sure they’re legally sound. We also help with consultation processes, selection criteria, and guidance for managers.
Investigation and disciplinary hearing support
Real-time advice to plan investigations, script interview questions, and draft outcome letters. Everything we do follows ACAS guidance and keeps your process defensible.
ET3 and grounds of resistance
If you get a claim, we’ll prepare a strong ET3 response and set out your defence clearly. Our team will also help you gather evidence and prepare witnesses for a hearing, cost-effectively.
Settlement agreements and negotiation
We’ll lead on without-prejudice discussions, help you weigh the risks commercially, and draft settlement agreements or COT3s that protect your business. That includes confidentiality terms, waivers, and post-termination restrictions where needed.
Representation at Employment Tribunal hearings
We provide experienced advocacy at all stages, including final hearings. We provide effective cross-examination, and persuasive submissions to protect your position. We’re focused on protecting your business and delivering a clear, cost-effective defence.
Questions we’re often asked
Unfair dismissal focuses on the reason for dismissal and whether the correct process was followed. Wrongful dismissal is about breach of contract, usually failure to give notice.
Usually two years of continuous employment, unless it’s an automatically unfair reason like whistleblowing or pregnancy.
Possible remedies include reinstatement, re-engagement, and compensation. Compensation is subject to statutory caps.
Notice pay and any benefits due during the notice period. These damages are not capped.
Only if necessary. If you do suspend, it should be on full pay and kept under regular review. Document your reasons.
The ET3 response must be submitted within 28 days of receiving the ET1 claim form.
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