Whether due to performance or absence, capability concerns can be sensitive and legally complex. We help you manage these situations with clarity, ensuring processes are well-documented, improvement opportunities are fair, and any dismissal is legally sound.

From one-off incidents to ongoing disciplinary issues, we provide legal support to handle misconduct dismissals confidently. We advise on ACAS-aligned procedures, investigations, and outcome letters that reduce the risk of legal challenges.

Even valid business reasons can lead to claims if the process lacks transparency. We guide SMEs through every step - planning, consultation, and selection - helping you meet your legal obligations and protect employee morale.

A dismissal may be considered unfair if it’s not based on a legally fair reason, such as misconduct, capability, or redundancy, or if the process was flawed or unreasonable. Employers must follow a fair and transparent procedure to avoid legal risk.

Yes, if an employee resigns in response to your conduct, alleging a breach of their employment contract (e.g. due to bullying, demotion, unsafe work conditions), they may claim constructive dismissal.

Misconduct refers to unacceptable behaviour that may not justify dismissal alone. Gross misconduct is serious enough to justify instant dismissal without notice, though a fair procedure is still required.

Ensure clear documentation, follow fair procedures, consult where necessary, and seek legal advice early.

Even if there’s a valid reason for dismissal, a flawed process can make it legally unfair. A fair procedure shows that the decision was reasonable, transparent, and defensible.

Employees generally have three months minus one day from the dismissal date to bring a claim.