Very much tied into the issues associated with discipline and grievance is the decision to dismiss for whatever reason. Whether it be for performance, misconduct or redundancy, it is imperative to deal with the dismissal correctly if the possibility of an expensive claim is to be avoided. In situations where employers are contemplating a process that may lead to dismissal, we can guide them carefully through the steps needed.

If the worst case scenario has come about and a Tribunal application has been issued, then we can help with expert advice and representation. If it is clear that there are no sensible prospects for you, we will not hesitate to say so and will negotiate the best possible exit for the employer.

It should also be remembered that Tribunal claims are extremely expensive. Although we will endeavour to minimise the legal expense, the harsh reality is that the employer will be faced with a disproportionate amount of management time fighting the case.

The tribunal statistics for 2009/2010 might look like depressing reading at first sight: 236,000 claims against 151,000 the year before, but as always the devil is in the detail. As every claim and every claimant counts separately the figures are wildly skewed. For example a claim for discrimination, harassment and unfair dismissal for 10 people would count as 30 claims and not 10. Thus when we look at working time claims there are 95,200 in 2009/2010 which in truth are mostly one claim against an airline employer for multiple staff. Each claim has to be resubmitted every three months to capture the ongoing complaint. Another feature are the unlawful deduction from wages claims of 75,500 which is no doubt a feature of the recession.

The year saw an increase of 10% in unfair dismissal claims and a decrease of 2% in sex discrimination claims. Age related claims were up 37% . Interestingly 76% of unfair dismissal claims are withdrawn or settled by Acas. The maximum awarded for unfair dismissal during the year (including “whistleblowing”) was £234,549. We achieved £241,942 for a Claimant in June of 2010, so 2010/2011 may be higher. Normal maximum compensation award is capped at £65,300.