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Unfair Dismissal

Unfair Dismissal

Unfair dismissal claims are stressful and will distract you from running and growing your business. As your trusted employment law advisor, our solicitors have many years of experience and expertise in unfair dismissal law. No matter how complex or contentious your case, Wilford Smith Solicitors will provide clear, strategic guidance and representation so you can defend the claim. We will protect your legal position and reputation while providing the most robust defence available.

As a full-service law firm, we work as a seamless extension of your in-house legal and HR teams, proving extensive legal expertise, support, and guidance. We will limit your risk exposure and manage unfair dismissal matters quickly, cost-effectively, and as amicably as possible.

Contact us on 0808 164 1349 or complete our online enquiry form to find out how we can help with your redundancy matter.

If you dismiss an employee, the law states that you must have a legitimate reason for doing so. If you fail to follow the correct procedures, then your employee may be able to claim for unfair dismissal. Having the support of an experienced team of employment lawyers can afford your business some vital protections, helping you to safeguard your position and avoid unnecessary and costly Employment Tribunal claims.

Wilford Smith’s specialist unfair dismissal solicitors have a proven track record when it comes to helping employers reach settlements quickly and professionally. We will work on your behalf to develop proactive strategies to help you achieve your desired result fast, allowing you to focus on the running of your business.

What constitutes unfair dismissal?

There are five potentially fair reasons that you can rely upon to justify the dismissal of an employee. These reasons are:

• Capability
• Conduct
• Redundancy
• Where it be against the law if you continued to employ the individual
• Another substantial reason

For the dismissal to be fair, you must be able to show that it was based on one of the above five reasons.

If an employer can show a legitimate reason for dismissal, does that mean that a claim for unfair dismissal will fail?

Even if you can demonstrate that an employee was dismissed for one of the above reasons, the Employment Tribunal will still have to decide if the dismissal was reasonable in the circumstances. This means that you will have to show that the termination was within the "range of reasonable responses" – the onus is on you as the employer to demonstrate that you acted reasonably in treating the ‘fair’ reason as the basis for the dismissal. The Tribunal will consider the size and administrative resources of your business as part of its decision making process.

Do I have to follow the correct procedure when dismissing an employee?

An unfair dismissal claim may still be successful if the claimant employee can show you did not follow proper procedures during the dismissal process. If the dismissal is based on an employee's conduct or performance, you will be required to demonstrate that you have followed the Acas Code of Practice which establishes that there should be sufficient warnings, investigations, and evidence in support of the dismissal. If the reason for the dismissal is redundancy, you will have to show that you followed an appropriate consultation and selection process when choosing which employees were to be made redundant.

Why Wilford Smith Solicitors?

Wilford Smith was founded over 30 years ago and is now considered one of the UK’s most prestigious law firms. We have developed a richly deserved reputation for excellence in our core areas of law, including employment and HR. We are more than just a law firm; we are your trusted legal advisor and will be there at every step of your commercial journey. You are never alone. The advice, support, and representation we provide to your business will be tailored to your needs and specific to your industry sector. You can be assured that with our team handling your unfair dismissal matter, exceptional outcomes are the norm.

Our employment law teams are based in Sheffield and advise and represent clients throughout England and Wales. Contact us today on 0808 168 5813 to find out how we can help with your unfair dismissal matter.

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2022 Wilford Smith is the trading name of WS Strategic Ltd. a limited company registered in England and Wales, registration number 07777022. Registered office – Meadowhall Business Park, Sheffield S9 2EQ. We are authorised and regulated by the Solicitors Regulation Authority. SRA Registration Number 640898.