Defending Unfair Dismissal

If you are facing an unfair dismissal claim from a former employee, our specialist employment law solicitors are here to defend your business’s rights and commercial interests.

At Stephens & Son Solicitors, we handle all types of unfair dismissal, from straightforward cases to more complex matters involving discrimination, whistleblowing, and high level employees.

We understand that dismissing an employee is not a decision you take lightly, but something that may need to be done to protect or improve the integrity and operation of your business.

Our employment law for employers service is run by a senior team of employment lawyers to provide the highest quality of advice and representation. Our Senior Partner, Jasvinder Gill is a skilled lawyer with 17 years at the firm. Jasvinder has a strong background in high level business consultancy with an in-depth understanding of the commercial risks and opportunities facing employers when implementing policies and dismissing staff.

With our negotiation skills on your side, there is little chance that you will need to attend Employment Tribunal proceedings. We will proactively seek to settle the matter through informal discussions or alternative dispute resolution methods such as mediation or ACAS Early Conciliation proceedings where appropriate. However, if settlement negotiations do not work out, we will fight your corner to defend your dismissal decisions and procedures.

Advising employers throughout Kent and beyond

For advice about defending an unfair dismissal claim, get in touch with our employment lawyers today. We have offices in Chatham, Maidstone, Gravesend, Tenterden and Tonbridge.

We can also offer meetings at your place of business or via a skype conference call if needed.

Funding

We offer an initial appointment to discuss your requirements at a fixed cost of £280 plus VAT.  After that we can arrange flexible payment terms, including monthly billing to help you budget.

Our unfair dismissal solicitors’ expertise

We provide an end-to-end employment law service designed to provide your business with consistent, high quality and reliable advice no matter how complex your requirements. Our service includes general advice about:

  • Putting in place comprehensive contracts of employment and strong grievance and dismissal policies and procedures
  • Implementing those policies and procedures to dismiss employees whilst complying with their legal rights and the ACAS Code of Practice on disciplinary and grievance procedures

Where a former employee has alleged unfair dismissal, we can provide expert dispute resolution and Employment Tribunal defence services. Our expertise includes:

  • Providing advice in relation to specific employees, including helping you handle formal complaints
  • Assisting you with informal settlement discussions, including drafting confidential settlement agreements (also known as compromise agreements)
  • Providing professional support throughout the ACAS Early Conciliation procedure and other methods of alternative dispute resolution such as mediation or arbitration
  • Providing a robust defence during Employment Tribunal proceedings

What is unfair dismissal?

When you dismiss an employee who has worked for you for a qualifying period of two years or more (other than if the dismissal is ‘automatically unfair’, in which case there is no qualifying period), you must have a fair reason and follow a fair process.

There are five main reasons you can use to fire an employee who has worked for you for at least two years:

  • Lack of capability
  • Conduct – such as poor attendance or dishonesty
  • Redundancy
  • If continuing their employment would break the law. For example, if your employee needs to drive for their job but they get banned from driving
  • Some other substantial reason – if the dismissal does not fall into the above categories, for example, if you have a personality clash with the employee and find it difficult to work with them. However, whether the reason is valid will depend on the individual circumstances of the case

If you can rely on one of these reasons, the decision to dismiss the employee was a reasonable response, and you followed a fair process, the dismissal will not be unfair.

There are some situations where dismissing an employee will be automatically unfair. For these types of dismissal, the employee can have worked for you for any period of time. Circumstances in which a dismissal will be automatically unfair include:

  • The reason for dismissal was related to a protected characteristic such as maternity, paternity, age, race, sexual orientation, disability or religious belief
  • Where the employee was dismissed for whistleblowing
  • Where the employee was dismissed because they raised a health and safety issue
  • Where the employee was protected under the TUPE regulations

How do you defend unfair dismissal?

When deciding whether a dismissal is unfair, the Employment Tribunal will take into account all the circumstances, including:

  • The size and administrative resources of your business
  • Whether your business acted reasonably when dismissing the employee
  • Whether your business followed the ACAS Code of Practice on disciplinary and grievance procedures (for cases of performance and misconduct)
  • Whether the reason for dismissal is automatically unfair
  • Whether the employee brought their claim within the limitation period (they have three months from the date of dismissal, paused only if they utilise ACAS Early Conciliation)

Defending the unfair dismissal claim will usually hinge on showing that the reasons used to dismiss the employee were amongst the range of reasonable responses your business could have taken.

As part of our service, we will talk you through your options and help you form a solid defence strategy.

Get in touch with our unfair dismissal solicitors in Chatham, Kent

For advice about defending an unfair dismissal claim, get in touch with our employment lawyers today. We have offices in Chatham, Maidstone, Gravesend, Tenterden and Tonbridge.

We can also offer meetings at your place of business or via a skype conference call if needed.

 

For further information please Contact Us or call to speak to one of our experts on 01634 811444.