Dismissal and redundancy

It is always recommend to seek legal advice when dismissing employees or making staff redundant. By doing this, it can guide you to follow to the correct procedures and avoid being taken to employment tribunals or facing unfair dismissal claims.

Our team of employment solicitors have extensive experience when it comes to providing legal services to employers dealing with dismissal and redundancy procedures. Our advice and guidance can help to keep the entire process straightforward and legally compliant, where you and your business are fully protected and the risk of a legal dispute is kept to a minimum.

Unfair dismissal

When terminating a contract of employment, every employer should adhere to a fair and compliant dismissal procedure.

At Knowles Benning Solicitors, our employment team are always on hand to guide employers through dismissal processes to ensure all procedures and steps taken are completely lawful. Protecting businesses from dismissal disputes can save both hefty costs and time-consuming claims from being brought to light.

Poor performance and misconduct dismissals

In most cases, an employer will usually have two grounds to dismiss an employee for one of two reasons:

Poor performance – An underperforming employee who may be uncapable of carrying out their job to an expected standard.

Misconduct – An employee who has failed to comply with the workplace rules, perhaps misbehaving on one occasion or have disregarded multiple warnings in the past.

Our employment experts are able to provide specialist legal guidance throughout any dismissal scenario, whether it be for poor performance or misconduct.

Constructive dismissal

Constructive dismissal claims can be pursued if an employee terminates their employment as a result of a violation of their contract. The incident is treated as an actual dismissal by the employer, leaving it up to the employee to decided whether the behaviour or action was unfair or wrongful.

There are various serious breaches which may cause a worker to leave their position. These include:

  • Unilateral variations in pay
  • Changes in job content and status
  • Bullying
  • Workplace discrimination
  • Conduct by an employer likely to undermine mutual trust and confidence

If you are facing a dismissal claim from an ex-employee and would like to discuss your situation with our employment team, get in touch today to find out how our services can aide you.

Redundancy

Having to make staff redundant can be a stressful time for employers. Redundancy procedures are well known for being complicated processes filled with a number of potential pitfalls, so it is highly recommended that you receive sound legal advice and support from start to finish.

Guidance during your redundancy selection

Your redundancy selection must be fair and backed by evidence. You cannot let staff go because of personal preferences or protected characteristics. Our solicitors can help you to keep the selection procedure completely lawful, making sure that you have the right evidence in place to prove that your choices are completely reasonable.

Support throughout redundancy consultations

Employees being made redundant are entitled to receive a consultation, where you must outline why they have been selected and inform them of any alternatives available. We can provide you with information on the rules, help you determine which consultation procedure is appropriate for your situation and also support you during any collective consultations.