At Cocks Lloyd Legal, our solicitors are highly experienced in advising and representing employers facing claims of unfair or wrongful dismissal.

Whatever the background to the unfair or wrongful dismissal claims, by engaging our services early in the process, you can be assured of the strongest possible representation.

Central to our ethos is handling the matter for you, allowing you and your colleagues to focus on your core roles within the organisation, knowing your case is in the best hands. We will quickly assess the strength of the claim and develop a strategy to ensure the optimal outcome. Where possible, we aim to bring proceedings to an early conclusion and avoid the need for the matter to proceed to the Employment Tribunal by using Alternative Dispute Resolution (ADR) methods such as mediation, negotiation, and arbitration. Our Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for protecting businesses of all sizes from accusations of unfair or wrongful dismissal brought by claimants in Nuneaton and Warwickshire.

Cocks Lloyd Legal is a diverse, multi-lingual law firm based in Nuneaton city centre. Our solicitors use best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law mean we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, accountants, and counsellors who can bring additional support to our employment law department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.

Common Questions About Unfair And Wrongful Dismissal

What is meant by unfair dismissal?

Under section 94 of the Employment Rights Act 1996, employees have the right to be dismissed fairly if they have been working for an employer for two or more years (this is referred to as the ‘qualifying period’). A dismissal is considered unfair if it is not on the basis of:

• An employee’s capability or qualifications
• An employee’s conduct
• Redundancy
• A breach of a statutory duty or restriction
• ‘Some other substantial reason’ (SOSR). Examples of SOSR include a breakdown in trust and confidence or organisational restructuring

A dismissal will also be deemed lawful if the Employment Tribunal determines that you, as the employer, acted reasonably in dismissing an employee for a potentially fair reason.

Dismissal will be considered automatically unfair and does not require two qualifying years of employment to bring a claim to the Employment Tribunal if it is for any of the following reasons:

• Pregnancy and childbirth
• Parental leave
• Health & safety reasons
• Whistleblowing
• Victimisation
• Acting as a representative
• Seeking flexible working
• Jury service
• Taking part in protected industrial action

What is meant by wrongful dismissal?

Dismissal may be considered ‘wrongful’ if the employer did not follow the correct procedure when dismissing an employee. In most cases of wrongful dismissal, the employer may not have followed their own internal HR process or adhered to the employment contract. Examples include dismissal without giving enough notice, terminating a fixed-term contract before the end date, or not following disciplinary procedures correctly. As with automatically unfair dismissal, an employee does not need to have been employed for the qualifying period of two years to bring a claim.

What is the ACAS Code of Practice?

ACAS publishes a Code of Practice for employers on disciplinary and grievance procedures. This is considered best practice and should be followed if you have an employee who faces possible dismissal due to misconduct or poor performance before making a final decision to end the individual’s employment. This is important as if the claim reaches the Employment Tribunal, the Tribunal will take into account whether you followed the ACAS Code when deciding whether or not you acted reasonably in dismissing the employee.

Why Choose Us?

One of the key elements of business success is having a positive and productive team of people who are motivated to ensure the business meets its growth objectives. Our solicitors are businesspeople themselves; therefore, they understand that every decision you make must encompass commercial reality. We receive most of our instructions via word-of-mouth recommendations because employers in Nuneaton and Warwickshire are confident that we have the knowledge and dedication they need to protect their best interests.

We are focused on results and achieving them in the swiftest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can concentrate on your organisation’s future.

Cocks Lloyd Solicitors provides exceptional Solicitors For Unfair & Wrongful Dismissal and Employment Law services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Solicitors For Unfair & Wrongful Dismissal and Employment Law, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.