We are very experienced in advising both employers and employees at all stages of unfair and wrongful dismissal claims.
We regularly advise clients negotiating termination packages and settlement agreements, as well as providing the associated tax advice.
To avoid unfair dismissal claims, an employer must have a fair reason to dismiss an employee. It must also follow the correct procedures and act reasonably. An employee with two years' service may bring a claim for unfair dismissal. Unfair dismissal awards can run into tens of thousands of pounds for employees paid average or above average salaries. Wrongful dismissal claims require no minimum period of service and are brought when an employer does not give an employee the correct notice due under the terms of the contract of employment. These cases can be made complicated when there is no written contract of employment.
Unfair and wrongful dismissal claims can have a significant financial impact and can inflict lasting damage to an employer's reputation. Advice therefore should always be sought in advance of any dismissal. We are experienced in advising clients proactively, thereby helping the employer to reduce the risks of disputes arising. We provide advice reactively, aiding in the resolution of a claim and minimising the impact and costs involved. In some cases we will advise that the best way to avoid litigation is through some form of mediation and, for parties who are not clients of Birketts, we can provide our own mediation services.
The extensive experience of our employment lawyers allows us to advise effectively on the cost/benefit analysis of pursuing or defending a claim, reducing the burden that accompanies such contentious actions.
If you require more information about unfair and wrongful dismissals please email Birketts' Employment Law Team.