EMPLOYEE SERVICES:

DISMISSAL OR NEGOTIATED EXIT

If you’re being wrongfully dismissed with allegations of poor performance or misconduct, you might need a wrongful dismissal solicitor for employees.

As employment law consultants for employees, we have dealt with many hundreds of wrongful dismissal situations where employees have felt that unfounded or spurious allegations have been raised by their employer and we have turned threatened or actual disciplinary action into reaching a financial settlement.

Our employee wrongful dismissal solicitors have advised many clients who have been suspended and/or invited to a disciplinary hearing. In many of those cases, after consulting with us it was clear that the company was treating them unfairly and unlawfully.

Often, these issues stem from one of three situations, as outlined below:

NO INVESTIGATION BEFORE BEING CALLED TO A DISCIPLINARY HEARING

As experienced wrongful dismissal solicitors for employees, we have seen many cases where there is no evidence of there being an employer investigation before calling a disciplinary hearing, and no investigation meeting for the client. This places a company in breach of the ACAS Code on Disciplinary and Grievance Procedures 2015 and can also be contrary to their own internal disciplinary procedures.

ACCUSATIONS OF UNDERPERFORMANCE – NO EVIDENCE TO SUPPORT THIS

Our employee wrongful dismissal solicitors have taken cases where employees accused of underperforming were in fact the highest performing employee in the company, while others in a similar role were underperforming and not facing disciplinary action. In such situations, seeking legal advice at the point of notification of dismissal, or directly after termination of employment, will serve to protect your interests and ensure you get the fairest result possible.

INAPPROPRIATE, DEROGATORY AND POTENTIALLY DISCRIMINATORY REMARKS FROM EMPLOYER

Our wrongful dismissal solicitors for employees have seen many cases where there is evidence of derogatory and discriminatory remarks made prior to any disciplinary action, which continued even after the client raised informal complaints.

HOW WE CAN HELP

In situations such as the ones mentioned above, A C Employment Solicitors have assisted our clients in a number of ways depending on how the company has reacted.

1. PRIOR TO ATTENDING A DISCIPLINARY HEARING:

As employment law consultants for employees’ wrongful dismissal, we have assisted with drafting a grievance and requested for this to be dealt with prior to the employer taking disciplinary action. In many instances, instead of pursuing disciplinary action, the company recognises that on their current grounds for dismissal, an employee’s grievances substantially weaken any chance of a dismissal being found to be fair.

In such circumstances, it becomes evident that the company’s intention is to remove the employee from their business. The company then subsequently recognises the difficulties of continuing with disciplinary action. In these cases, our experienced employee wrongful dismissal solicitors will seek an initial financial offer as a starting point for further negotiation.

2. FOLLOWING A DISCIPLINARY HEARING OR DISMISSAL:

In other cases, the strength of the employee’s case might not be so readily accepted by the employer. This necessitates the employee pursuing it by way of an appeal. At A C Employment Solicitors, our skilled wrongful dismissal solicitors for employees will assist the client with the drafting of a detailed appeal which can ultimately lead to a negotiated settlement being reached.

We have also negotiated cases where a dismissal had already taken place prior to advice being sought. In order to protect our client’s position, in these cases we will assist our client in drafting a detailed appeal of the disciplinary outcome. In many cases this ultimately leads to a negotiated settlement being reached.

At any stage of this process, a settlement agreement can be used to end an employee’s contract and settle any potential disputes. This protects the employer from the employee pursuing any potential employment claims in return for the employer paying compensation.

DO YOU NEED WRONGFUL DISMISSAL SOLICITORS FOR EMPLOYEES?

Get in touch with us on 02380 402066 or use the button below to book a free consultation.