Dismissals & severance deals

Advice on dismissals in the workplace and offering severance deals

Wiltshire’s leading employment lawyers. How can Goughs support you?

Employment law is a difficult area to navigate as it often comes down to who said what and when. The first thing you need to know is that there are five reasons for which you can lawfully dismiss someone. Each of these is subject to interpretation, so if you have any concerns or queries we highly recommend that you get legal advice before taking any action. In most cases, the legal costs you incur will be far cheaper than any payment you may need to make, should the employee make a claim against you in the future.

At Goughs we have been providing employment law expertise to individuals and businesses in Wiltshire since 1882 and have unrivalled experience in the area. We are here to offer support, advice and guidance.

Defending an employee tribunal claim

Under the Employment Rights Act there are 5 potentially fair reasons for dismissal. These are:

  • Misconduct
  • Capability or performance (this includes dismissals for two different reasons; capability – meaning ill health or poor performance)
  • Redundancy
  • Some other substantial reason
  • Statutory illegality or a breach of a statutory restriction

Any tribunal that may arise due to a perceived breach by the employee, will look at degrees of reasonableness and will essentially be asking, ‘is this within the parameters of a reasonable response by a reasonable employer?’

For further details on this approach and whether one of the legitimate areas to dismiss has been breached, as well as the evidence you may need to provide to prove it, please get in touch with an employment specialist.

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