Dismissal

The decision to dismiss an employee can be one of the most difficult to make. However, there are also problems inherent in retaining employees who are misconducting themselves, or are not performing adequately or are surplus to the requirements of the business.

The legal claims that can arise from dismissals include unfair dismissal, wrongful dismissal, all kinds of discrimination claims and whistleblowing claims. Compensation for unfair dismissal is usually capped. However, discrimination and whistleblowing claims are uncapped, potentially giving rise to very substantial liabilities.

We provide expert guidance to employers on potential dismissal decisions, assisting you to analyse the risks and (where appropriate) take steps to reduce them.

In some cases, it may be sensible to enter into “off-the-record” severance discussions with the employee concerned. We provide guidance for employers about how to conduct such discussions, including providing draft scripts for meetings and draft correspondence to send to the employee. We also assist with negotiations, either behind the scenes or directly with the employee’s lawyers.

  • Other aspects of the assistance that we provide employers in relation to dismissals include:
  • drafting settlement agreements where required
  • providing procedural guidance
  • assisting with investigations into misconduct, including drafting investigation reports
  • advising on handling appeals against dismissal
  • defending unfair and wrongful dismissal claims in the Tribunals and Courts (and other claims which may arise from dismissals)