Defending an Unfair or Constructive Dismissal Claim

FREE RESOLUTION CALL

How To Avoid A Constructive Dismissal Claim

Unfair, wrongful or constructive dismissal claims are at best inconvenient and at worst can be highly disruptive for a business - a huge drain on your time, finances, energy and a negative impact on the rest of your team. If you are facing one of these claims we can help you find the best resolution for you and your business.

What you need to know

An employee who has completed 2 years of service has the right to raise a claim if they feel they have been unfairly dismissed.

A dismissal would be deemed unfair unless you can show that the reason or principal reason for dismissal was for one of the five potentially fair reasons which are:

  • capability or qualifications
  • conduct
  • redundancy
  • breach of a statutory duty or restriction
  • Some Other Substantial Reason (“SOSR”)

Dismissals should only happen for one of the 5 valid and fair reasons and a proper dismissal procedure should be followed.

If either of those things didn’t happen, then your employee may well have a case for unfair dismissal. Substantiating these things is where it becomes important to get it right with professional help.

The difference between unfair and constructive dismissal

Constructive dismissal claims are more complex.

They occur when your employee feels that you have made their working life so difficult that they have no option but to leave, and that you have effectively dismissed them.

These cases can be difficult to prove but can still be quite high risk so it is very important that you seek advice before taking any steps to rebuff such a claim.

Why people choose Astute Lawyers

Your employee may well have already engaged a no-win-no-fee lawyer to represent them so it is vital that you get robust legal support to help you get all the facts clear and the supporting documentation together.

The fact that we have successfully represented both sides of this challenge gives us an advantage. We have a unique insight into the arguments and tactics from both directions and we have successfully supported many companies in situations like this.

Don’t take chances with your company’s reputation.

Our 4 Stage Resolution Approach will help you get the result you want.

What Makes Us Different

The fact that we work with employers and employees means we understand both sides of the story when things go wrong and how to get a resolution that protects your business - with the least disruption - in the most cost-effective way.

Whatever the situation we're confident we can get the right result. Why? Because, in every single case we've represented, our client got the result they wanted even when on the face of it, things sometimes looked impossible.

Unlike most other law firms, we don't operate at a distance charging you in 6min units - we work with you with total transparency at every step, providing the technical and practical expertise to help make the law work for you.

If you want to keep the case out of court, we'll negotiate to help settle the claim as quickly and as cost-effectively as possible.

If you need to fight a case, we will help you prepare and present your case in a way that ensures your success. If we can't achieve that, we'll tell you.

Our hands-on approach means that whatever your HR / Employment Law situation might be, we can find the right solution for you.

Our 4 Stage Approach Gets Results

When things go wrong, it can be a massive drain on time, money and energy.

There are important decisions you need to make that affect you now and for the future. Getting it wrong can turn an unwanted tricky situations into a minefield.

This step by step approach designed to solve your problem in a way that means you only pay for the most cost-effective route to the outcome you want.

 

Your FREE 15min Phone Call

Stage 1

Your FREE 7Q CONSULTATION and RESOLUTION

No documents reviewed but a clear resolution mapped out

Stage 2

Your Deep Dive Case Assessment & Strategic Plan

Fixed Cost to map your steps to resolution

Stage 3

Negotiating Your Solution from a Letter Before Action to a Conciliation Process

Fixed Cost or Hourly Rate priced on complexity

Stage 4

Tribunal Hearing and other legal proceedings

Fixed Cost priced on complexity

Your FREE 15min Call

This straight-forward chat with an expert solicitor will help you will quickly discover the three most important insights you need before you do anything else.
  • whether it makes sense for you to pursue your case (or not)
  • what your next steps should be.
  • whether we are the right people to help you achieve the outcome you want.

This is an initial conversation. It’s not a detailed case assessment and we won’t have time to look at any documentation. It’s designed to quickly understand your story, the circumstances, the outcome you’re looking for and to assess whether you have a case.

Stage 1 - Your 7Q Resolution Session

This conversation is designed to get a strategic step-by-step roadmap of how to get what you want and whether the ‘juice is worth the squeeze’.

We will help you work out whether it makes sense to pursue the outcome you really want but also understand what it would take by helping you answer these 7 critical questions:

  • What do you really want the outcome to be?
  • What is the strength of your legal position?
  • What are your options and steps for resolving it?
  • How much will each step likely cost?
  • What are your chances of success?
  • Would the reward be worth the cost and effort?
  • Are we the right people to help you?

At the end of this conversation, you will be able to make a firm decision about what to do or not do.

If there’s a quick win resolution to be had, you may be able to resolve it without further cost.

If it’s more complicated, you will know the pathway to achieve the outcome you want, an estimate of how much each step will cost and what you might gain at each stage.

Stage 2 - Your Detailed Case Assessment

Whether you’re an employee raising a claim for bullying, harassment or discrimination or an employer defending your business against such challenges, the Detailed Case Assessment is a critical step for strategising the steps to your successful outcome.

This is a fixed price review of all the actions and pertinent documents relating to the case including an assess of whether your people have done the right things in the right way.

We will schedule a detailed walkthrough session to discuss the facts and options and agree the best course of action. We will…

  • help you be very clear about your legal position and the strength of your case
  • map out your best path to success – from the letter before action to the potential tribunal hearing – and the likely challenges at each step
  • explain the specific arguments you need to make to negotiate a settlement proposal in your favour or to achieve whatever your desired outcomes are given your situation.
  • Ensure you understand the next steps and costs if this were to proceed as far as an employment tribunal.

Whether the next step is negotiation, conciliation, a settlement agreement or even if it goes to a tribunal – our priority is to find the right solution for you as fast as possible. That way you can decide with absolute certainty how to proceed.

Stage 3 – Negotiating Your Solution

Our goal is always to find the fastest way to the best resolution.

Sometimes, laying out the case in a letter before action is enough to help people to accept someone else’s perspective and agree to move on.

Sometimes we have to do the negotiation dance – especially when emotions are running high on both sides. Our commitment to you means we go backwards and forwards as many times as it takes until the deal makes sense.

Sometimes we have to fight all the way to the tribunal.

Nearly 80% of disputes are settled out of court.

We will help you navigate this pathway in a way that allows everyone to part ways with as little fuss as possible and the best outcome for you.

We’ve got your back until the resolution is done.

We can help you

A free consultation for us to discuss the best way to achieve your desired outcome. Excludes review of any documentation.

Book a call

Request a Call Back

DD slash MM slash YYYY

What Our Clients Say

Call Back Request
Request a Free 15min Call