Why use lawyers in unfair dismissal cases?

 

One of the most common tasks for an employment solicitor is to bring a case forward for an unfair dismissal. Lawyers who specialise in unfair dismissal cases can help you to gather evidence, complete the tribunal relevant forms, and negotiate a settlement in or outside of court.

If you cannot come to an agreement on a settlement, then your solicitor will also represent you at tribunal level.

Are you an employee?

If you are an employee and think you have a case for unfair dismissal, lawyers can help by making contact with your employer. Your lawyer will usually send the employer a questionnaire about working practices which attempts to find out whether the dismissal was unfair.

The questionnaire will focus on why the employee thinks there was an unfair dismissal. Lawyers for the claimant (the employee) will also ask how the employer treated other employees and focus on the difference in treatment between other employees and the claimant.

Unfair dismissal solicitors (who will also deal with more general employment matters) will look particularly to the presence or absence of factors such as the following:

  • Was the employee given warnings?
  • Was the employee given a hearing to discuss issues?
  • Was the issue considered in the context of the overall performance and employment history of the employee?
  • Was a disciplinary procedure considered instead of/prior to dismissal?
  • Did the employee have a right of appeal against the dismissal decision?

Are you an employer?

If you are an employer and an employee is bringing a case for unfair dismissal, lawyers can help you by working out if the reason for the dismissal was fair and if the way the dismissal was carried out was fair.

If there was no unfair dismissal, lawyers will probably advise that you attend the employment tribunal where they will represent you.
If there could have been an unfair dismissal, lawyers may advise employers to attempt to settle the case by offering a sum of money to the employee. It is sometimes worthwhile settling a case even when there is a good chance of success, partly because of the time it will take for the case to go through the tribunal system.

Unfair dismissal solicitors will be familiar with recent case law on unfair dismissal and will try to find similar cases to determine whether they think you have a strong case. If they determine that you do, they may advise you to apply to the employment tribunal for unfair dismissal.

Your solicitor can then prepare the application and supporting documentation and represent you at the hearing, increasing your chances of a successful outcome.

Are you looking for a solicitor with an excellent track record in unfair dismissal claims? If you are an employer or employee, Contact Law can put you in touch with a solicitor specialised for your case. Please call us on 0800 1777 162 or complete the web-form above.

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