Unfair Dismissal

Support for Employers

Being an employer isn’t easy. As an employer there are a great many challenges to face and difficult decisions to make every day. Sadly, some of these challenges and decision can lead to problems with employees. If an employee accuses you of unfair dismissal, having access to legal experience and knowledge you can trust is essential.

In many cases it is possible to prevent the situation reaching an employment tribunal. Unfair dismissal, if proven, can have serious reputational and financial consequences for an employer, which is why we believe that the best way to solve unfair dismissal cases is through negation and mediation. As experts in compromise agreements and employment law, Howells have the expertise to prevent unfair dismissal employment tribunal cases from arising – but the skill to fight employment tribunal cases, should this become a necessity.

We are a large South Wales based law firm, with a small solicitors’ ethos. This allows us to combine rigorous expertise with the personal, sensitive touch which makes us extremely successful and highly-regarded in the field.

What is Unfair Dismissal?

Unfair dismissal can occur for a number of reasons and in a range of circumstances. If you have dismissed a staff member for any of the following reasons, it may constitute wrongful dismissal if:

• You fail to provide a fair reason for the dismissal (i.e. the employee has done nothing wrong)
• You fail to follow the correct dismissal processes as stipulated by your company
• You dismiss an employee for an ‘automatically unfair’ reason like a request for maternity leave

There are many ‘automatic’ unfair dismissal factors which essentially constitute a breach of your employees’ statutory employment rights. These include:

• A minimum notice period
• Parental leave (including time off for antenatal care, maternity and paternity leave)
• The right to not face discrimination due to age, gender, sexual orientation, race, religion, ethnic background, disability etc.
• Leave for public duties (jury duty etc.)
• Whistleblowing

How Can Howells Help?

If you have dismissed an employee unfairly, or have been wrongfully accused of such an action, Howells can help. We work hard to settle unfair dismissals without the need for employment tribunal cases. Using negotiation, mediation and compromise agreements, we strive to achieve the best possible outcome. Should it come to it, we have the expertise and experience to represent you in an employment tribunal.

To learn more about our services for employers in Cardiff, Swansea and Newport, please contact our team today on 0808 178 2773 or email info@howellslegal.com today.

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