Unfair dismissal

There are many reasons given by an employer for dismissing an employee, such as capability, performance, sickness, absence and gross misconduct.

There are many reasons given by an employer for dismissing an employee, such as capability, performance, sickness, absence, disability, whistleblowing and gross misconduc

We can advise you on all aspects of an unfair dismissal claim from whether or not we feel you have a claim right through to pursuing a claim through the employment tribunal and negotiating the best financial outcome for you. We will provide support to you all the way through.

You should be aware, however, that there is a time limit to pursue an unfair dismissal claim so if you think you have been treated unfairly then getting legal advice as soon as possible is crucial.

Key Stages

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change);
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • Preparing the claim form outlining your case and the nature of the dispute;
  • Reviewing and advising the response to your claim form from the other party;
  • Exploring settlement and negotiating settlement throughout the process;
  • Preparing a schedule of loss;
  • Preparing for (and attending) a Preliminary Hearing;
  • Exchanging documents with the other party and agreeing a bundle of documents;
  • Taking witness statements, drafting statements and agreeing their content with witnesses;
  • Preparing bundle of documents;
  • Reviewing and advising on the other party’s witness statements;
  • Agreeing a list of issues, a chronology and/or cast list;
  • Preparation and attendance at Final Hearing, including instructing the barrister.

The stages set out above are an indication and if some of the stages above are not required, our fees will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged depending on your individual needs.

For more information about the procedure please refer to the gov.uk website https://www.gov.uk/employment-tribunals.

HOW LONG WILL MY MATTER TAKE?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached before a claim is issued, your case is likely to take between 1 and 2 months. If your claim proceeds to a Final Hearing, your case is likely to take between 5 and 7 months.

This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

The Employment Team

Andrew Linton

Andrew Linton
Managing Partner

Alex Lee

Alex Lee
Partner

Kristy Underwood

Kristy Underwood
Chartered Legal Executive Advocate

Contact us

We recognise how important it is that you have confidence in your legal advisor. Therefore, if you would like to have an initial discussion before deciding how to proceed, please do not hesitate to get in touch.

T : 01892 510 222
F : 01892 510 333
E : info@bussmurton.co.uk

You can also contact individual team members directly by phone or email by clicking on our People page.