Departures and disputes
Annually, around 50,000 employees bring claims for unfair dismissal in the Employment Tribunal. Claims can generally be avoided if employers are carefully guided through the dismissal process. Whether a dismissal is for redundancy, gross misconduct or due to extended absence through ill health, your organisation must adopt fair procedures before dismissing employees. We can advise you throughout the process and help you to draft compromise agreements if required.
Equally, disputes can arise which do not result in termination but which require careful and detailed consideration. Employees are relying far more heavily on the use of employers' grievance procedures and errors in dealing with these procedures can also lead to disputes. We help minimise the risk by advising on how to deal with grievances fairly.
We act for both employers and senior executives in negotiating and implementing severance terms. We have extensive experience in preparing compromise agreements for junior and senior employees and we regularly advise employers and employees on the terms and effect of compromise agreements. This, of course, includes advice on the tax implications of the terms of compromise agreements.
Duncombe & Others and Fletcher v. Secretary of State for Children, School and Families - our Employment Team successfully represented the claimants in this landmark Court of Appeal case, which addresses issues relating to territorial jurisdiction within the EC, specifically in relation to claims for unfair dismissal. For more details please click here.