We were instructed by The Anne Arms, a family run pub and restaurant in Doncaster, to defend an Unfair Dismissal claim in the Employment Tribunal.
The ET1 claim form indicated that an employee, who had been dismissed for gross misconduct, now wished to pursue a claim for unfair dismissal against the business, and wished to recover compensation in the region of £10,000.
The Landlord and Landlady wished to defend the claim on the basis that they had investigated the allegations of gross misconduct, obtained evidence, allowed the employee the opportunity to explain their actions, and reached a fair conclusion to dismiss the employee.
- Represent the Respondent in the Employment Tribunal claim, complying with all case management directions and corresponding with the Claimant, Tribunal and ACAS.
- After an extensive consultation and review of all available documentation, the ET3 was completed and the Grounds of Resistance drafted, setting out our full defence and reasoning.
- Our client had no insurance to cover the cost of the claim, and instead, we agreed fixed fee stages where possible. We also advised and supported the client in doing some of the work themselves, to minimise the costs.
- We gave the client practical advice on settlement and the benefits of making cost effective commercial offers to finalise the claim, without admission of liability, misconduct or blame.
- We considered the merits of making an application to have the claim struck out and advised our client on the likelihood of success.
- We put in place legal arguments to ensure that, should the Tribunal rule in favour of the Claimant, the Respondent would have to pay as little as possible by way of compensation.
- We provided personal support by email and telephone to help our client through this difficult and stressful period.
Despite our efforts, negotiations were unsuccessful and the claim proceeded to a full hearing at the Sheffield Employment Tribunal. After hearing evidence from 6 witnesses, the Judge found in favour of our client, the Respondent and dismissed the Claimant’s claim for Unfair Dismissal. The Claimant has since gone on to request a reconsideration from the Employment Tribunal which was rejected.
Our client’s comments:
“Thank you for everything and we are all relieved and very happy with the result and with the service you provided for us. Mr Weiss he was fantastic and thank you for the support you both gave us through a very difficult time in our lives.”
For advice and representation on employment law cases call us on 0114 303 2300 or email firstname.lastname@example.org
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