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As an employer, you may find yourself in the position of considering the dismissal of an employee. You may also be required to defend an unfair dismissal claim brought against your business following a dismissal or redundancy.

Our expert employment law solicitors can advise and guide you through the process of dismissing an employee to mitigate the possibility of an unfair dismissal claim arising, and help you defend any such claims that have already been brought. Taking advice at the earliest stage possible will be beneficial for both you as an employer, and the employee if they feel their dismissal has been conducted professionally and in a fair and reasonable manner.

How to Mitigate Potential Unfair Dismissal Claims

By observing the proper processes and complying with your legal obligations as an employer, you can minimise the risk of facing an unfair dismissal case brought by an employee who feels mistreated or professionally discredited following a dismissal or redundancy. If you have reason to believe that an employee is not performing to the standard expected, or is exhibiting unacceptable behaviour in the workplace, you should seek to adhere to the necessary legal requirements prior to progressing a dismissal process. As an employer, you should issue an employee failing to perform to the expected standards with a warning that their behaviour is unacceptable. The warning should detail the reasons why their behaviour or performance in the workplace is falling below the standard anticipated. Importantly, the employee should subsequently be afforded the opportunity to correct their behaviour or performance.

Employers are not required to provide warnings or notice of caution if the employee has committed an act of gross misconduct, for example, by accepting or offering a bribe, committing fraud or theft, or through disclosing confidential or sensitive business information.

The potential cost of a successfully presented unfair dismissal claim can be extremely high. Employers and businesses need to ensure that they manage dismissals and redundancies in the appropriate way to avoid their choices and decisions being viewed as “unfair” by an employment tribunal in the event that a claim is brought. Our highly experienced solicitors can advise you from the very beginning of a restructuring or dismissal process. We can assist you in minimising your possible financial exposure, ensure a smooth process is established benefiting both you and the employee, and assist you in hiring and retaining the best people for your business going forward. Our advice will be specific to your business needs and will most importantly, minimise your exposure to a potentially costly unfair dismissal claim. 

Defending an Unfair Dismissal Claim

Our expert employment law team will work closely with you to develop a robust strategy to best defend your business before an employment tribunal. We will guide you through the process, discuss potential outcomes, advise on the most effective method of defending the decisions you made and processes you adopted, and effectively represent your interests before the tribunal.

Contact our Unfair Dismissal Lawyers in Edinburgh and London

At MBM Commercial, we have extensive experience representing both employers and employees and know both sides of the potential arguments that are likely to be presented and their chance of success. If you wish to defend your business against an unfair dismissal claim, we will be with you throughout the journey. If you wish to negotiate a settlement, you can rely on our professional negotiation skills to secure a favourable outcome. Our solicitors will advise you on the most effective and cost-efficient way to proceed when faced with an unfair dismissal claim, and help you put structures and processes in place to mitigate such claims arising in the future. Contact us on 0131 226 8200 or fill out our online contact form.

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