Employers often take disciplinary measures against employees, which can range from warnings to immediate termination for gross misconduct without notice or payment.

What are my rights in disciplinary action?

Facing disciplinary allegations can be highly stressful. Our Employment Law solicitors are here to guide you on the best steps to take and how to respond effectively to the accusations.

Should you be dismissed and choose to pursue an Employment Tribunal claim, your defense during internal disciplinary proceedings is pivotal. We ensure proper procedures are followed and advise on addressing any potential discrimination issues raised by your employer.

If you face dismissal for gross misconduct, you may have grounds for unfair dismissal and wrongful dismissal claims. Our employment solicitors assess the strength of your case and provide robust representation in Employment Tribunals or assist in negotiating Settlement Agreements with your employer.

Navigating Disciplinary Actions and Dismissals

It's crucial to avoid the risk of being found guilty of gross misconduct, which could lead to dismissal and impact your professional reputation - but don’t worry, we can help with that.

Where can I get Employment Tribunal Representation?

Our employment lawyers specialise in handling Employment Tribunal claims, offering comprehensive support throughout the litigation process—from preparing claims to advocating on your behalf during tribunal hearings. We assess each case thoroughly, providing expert evaluations of potential risks and likely outcomes. Our goal is to achieve successful resolutions, often through settlements, where we advise on appropriate settlement values. We keep you informed at every stage of your Employment Tribunal claim, responding promptly to developments as they arise.

What are the key stages of an employment tribunal case?

  • Pre-claim Conciliation: Mandatory early conciliation through ACAS is required before lodging a claim. This process aims to resolve disputes without tribunal intervention.
  • Lodging of the Claim and Response: After early conciliation, if settlement isn't reached, the claim can be formally lodged. Employers then have 28 days to respond.
  • Preliminary Hearing: Depending on complexity, a preliminary hearing may be scheduled to clarify issues and set case management directions.
  • Case Management Directions: Parties must disclose relevant documents and agree on a bundle for the Full Hearing, along with preparing witness statements.
  • Full Hearing: The length varies based on the complexity of the claims. Successful outcomes may lead to remedies such as compensation, reinstatement, or reengagement.
  • Remedies Hearing: If necessary, this addresses remedies post-Full Hearing, typically for unresolved issues.
  • Settlement Options: Employment Tribunal claims often settle at various stages, facilitated by ACAS through a COT3 agreement or a Settlement Agreement, ensuring resolution outside of court proceedings.

Still got questions? Contact us for further legal advice.

Meet Our Employment Team

Heather Love

Heather Love

Partner
Tel: +44 (0) 1483 411516
Email: Heather Love

David Seals

David Seals

Partner
Tel: +44 (0) 1737 307101
Email: David Seals

Elizabeth Barrett

Elizabeth Barrett

Solicitor
Tel: +44 (0) 1306 502986
Email: Elizabeth Barrett

Helen Boddy

Helen Boddy

Consultant Solicitor
Tel: + 44 (0) 1306 502223
Email: Helen Boddy


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