A dismissal is being considered
You want to assess the reason, procedure and alternatives before making a final employment decision.
Employer dismissal advice · Tribunal defence
Considering a difficult dismissal, managing an exit or responding to an Employment Tribunal claim? Springhouse Solicitors advises employers, directors and HR teams on fair process, legal risk, resolution and defence.
For employers and organisations in England and Wales. Our client care team can explain the service and likely fees; solicitors provide the legal advice.
Briefly tell us what stage your organisation is at. Our client care team can explain how to arrange employment law advice and discuss likely fees.
When you may need advice
Dismissal and tribunal matters involve more than one legal question. Reason, fairness, documentation, timing and employee rights can all affect the business decision.
You want to assess the reason, procedure and alternatives before making a final employment decision.
You are managing a performance or disciplinary process and need to understand procedural requirements and legal exposure.
You are considering redundancy, a change in workforce structure or a settlement agreement and need advice on a lawful, workable approach.
You need to review the allegations, preserve relevant documents and understand the next response or settlement steps.
A dismissal is not automatically unfair because an employee challenges it. Employers may dismiss for a potentially fair reason, but the legal criteria and the procedure used must be considered in each case.
Options and routes
Support can begin before a dismissal decision and continue into negotiation, Acas or tribunal proceedings where appropriate.
Assess the potential reason, process, service history, documentation and alternatives before action is taken.
Consider grievances, appeals, protected conversations where legally appropriate, settlement terms or Acas conciliation.
Discuss ET3 preparation, case management, evidence and defence or representation after a claim is received.
Important legal information
The employment-law framework changes over time. Employers should distinguish rights that are already in force from changes due to apply to future dismissals.
If your organisation has received tribunal papers, do not assume settlement talks pause the response deadline. The papers should be reviewed promptly and the exact timetable checked.
The ordinary unfair-dismissal qualifying period will reduce from two years to six months for relevant dismissals from 1 January 2027. Existing day-one protections and the need for fair decisions remain important.
Employers have 28 days from the date the tribunal sends the claim to provide a response, unless an extension is granted. The tribunal documents determine the particular deadline.
ET3 response dates and dismissal rules depend on the circumstances. Check the tribunal papers and obtain advice promptly. Settlement discussions do not automatically suspend a response deadline.
Why Springhouse
The aim is to help employers make informed, defensible decisions and understand their practical options — not to treat every issue as inevitable litigation.
Address reasons, consultation or process, relevant evidence and procedural risks before key steps are taken.
Consider whether negotiation or a properly drafted settlement could provide a proportionate outcome.
Understand response obligations, case strengths and limits, evidence requirements and the costs of defence.
What happens next
Whether you are considering an employment decision or facing an issued claim, we will help you identify the appropriate next step.
Call or request a callback and indicate the type of matter, its stage and any tribunal or consultation deadline.
Client care explains the available employer service and how to arrange specialist legal advice.
An employment solicitor can review the relevant material and advise on process, negotiation, tribunal response or defence.
Questions and answers
The correct answer depends on employee status, service length, the reason for action and the particular legal context.
Potentially, but other rights can still apply, including automatically unfair dismissal and discrimination protections. From 1 January 2027 the general ordinary unfair-dismissal qualifying period reduces to six months for relevant dismissals.
No. Employers can still dismiss for potentially fair reasons, provided the requirements applying to that situation — including a fair process — are met. The revised qualifying period changes when ordinary unfair-dismissal protection can apply.
The respondent normally has 28 days from the date the tribunal sends a copy of the claim. An extension is possible only if granted. Check the tribunal correspondence promptly and obtain advice.
Yes, depending on the circumstances. Acas conciliation can lead to an agreed outcome, and a settlement agreement may be appropriate in other situations. The process and terms require proper legal consideration.
Yes. Advice before a decision can cover reason, evidence, procedural requirements, alternatives and the potential risks of action. The specific service and fees are discussed before instruction.
For dismissal risk, Acas matters and Employment Tribunal defence, contact Springhouse Solicitors to discuss how our employment team may assist your organisation.
Address:
Holborn Gate, 330 High Holborn, London, WC1V 7QH
Tel: 0800 915 7777
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Copyright: Kilgannon & Partners LLP