Have you received a claim for Unfair, Wrongful or Constructive Dismissal from an employee?

Receiving a claim for unfair, wrongful, or constructive dismissal from an employee can be stressful for employers and disruptive to the day-to-day running of a business.

At Backhouse Solicitors, we have a great deal of experience working with our employer clients to fight these claims. Before making the decision to dismiss an employee, you should consider seeking legal advice, as this can significantly reduce the risk of successful unfair or wrongful dismissal claims. Claims of this nature can be costly and, if not handled promptly and appropriately, may also have a damaging impact on the reputation of your business.

If a claim has already been brought against you, it is vital to respond to the Employment Tribunal within the specified timeframe. Taking legal advice at an early stage helps ensure your response is accurate, compliant and puts forward the strongest possible defence.

Understanding the different claims

  • Wrongful dismissal – where your employee alleges that you have dismissed them in breach of the terms of their employment contract (usually because you have provided them with insufficient notice).

  • Unfair dismissal – your employee alleges that you have broken the conditions for a dismissal to be fair:

    • Their dismissal must be for one of the potentially fair reasons laid down in law
    • The dismissal procedure you followed must be fair
    • The decision to dismiss must be “reasonable”.

  • Constructive dismissal – put simply, your employee alleges that they have had to terminate their own employment because of your behaviour as an employer (e.g. not paying wages, treating them very badly).

Dealing with a claim the wrong way is not only expensive, but it can also encourage copycat claims from other staff. We will guide you down the right path to help avoid this.

Our specialist Employment law team advises both employers and employees, so we can anticipate how the other side is likely to approach a case and can prepare a strong defence for you. Compensation for unfair dismissal can exceed £100,000, so getting the right advice early on can save you a small fortune.

The benefits of using Backhouse:

  • We aim to resolve most cases before Tribunal – saving you money and time

  • We support you in dealing firmly with malicious and unreasonable claims – if a claim has no prospect of success, we can help draft applications to the Tribunal to request for it to be struck out

  • Our solicitors deal with claims on a daily basis – therefore, you stand a better chance of winning

  • We provide an impartial and balanced view – helping you weigh up the risks involved, taking into consideration the commercial benefits

  • We are experienced negotiators – if you decide to settle with the other side, we will get you the best deal

For more information please contact us to speak to one of our expert employment law solicitors.

Tel:      01245 893400 | 01702 410880
Email: info@backhouse-solicitors.co.uk
Visit our Chelmsford office: 17 Duke Street, Chelmsford, Essex, CM1 1JU
Visit our Leigh-on-Sea office: 22-24 Elm Road, Leigh-on-Sea, Essex, SS9 1SN
Or send us a message through the Contact Us page on this website