Employment Law

Employee Dismissal Solicitors for Employers in Solihull

Clear advice on dismissal reasons, fair procedures and the employment risks your business needs to manage.

At Pearcelegal Solicitors, our employment law team for businesses advises employers in Solihull and the West Midlands on dismissing someone fairly under the law in England and Wales. You can trust that by instructing us at the beginning of the process, you can minimise your risk of an Employment Tribunal claim being brought against you.

To dismiss an employee lawfully, the reason for their dismissal must be ‘fair’ under section 98 of the Employment Rights Act 1996. Fair reasons include a lack of capability or qualifications, poor conduct, redundancy and a statutory restriction. An employer may rely on some other substantial reason where the circumstances justify it. You must act reasonably in treating the chosen reason as sufficient for dismissal.

In addition, the dismissal procedure must also be fair. For example, if you dismiss an employee for conduct issues, you usually need to investigate the matter before holding a disciplinary hearing. Capability concerns may call for support and a reasonable opportunity to improve. Where ill health or disability is involved, you may also need medical evidence and reasonable adjustments.

We will review the employment contract and the applicable workplace policies before recommending your next steps. Your solicitor can prepare letters and advise the manager responsible for each stage of the dismissal process. We can also assess alternatives where dismissal would create avoidable risk.

If you are considering dismissing an employee, contact Pearcelegal on 0121 270 2700 to arrange a free 30 minute consultation. You can also contact us online.

Our employee dismissal services

Your dismissal process should reflect the issue and the evidence available. Our services include:

Reviewing the employment contract
Checking the relevant workplace policies
Advising on conduct concerns
Assessing capability issues
Reviewing sickness absence cases
Advising on possible gross misconduct
Planning workplace investigations
Preparing investigation terms of reference
Reviewing witness evidence
Drafting disciplinary hearing invitations
Preparing warning letters
Advising the disciplinary decision-maker
Supporting disciplinary hearings
Drafting dismissal notices
Calculating notice obligations
Advising on payment in lieu of notice
Reviewing employee appeals
Supporting appeal hearings
Advising on settlement agreements
Responding to Acas early conciliation
Defending employment tribunal claims

Why choose Pearcelegal?

Pearcelegal has advised clients from The Square in Solihull town centre for more than 40 years. When you ask us to advise on a possible dismissal:

We assess the proposed reason against the evidence.
Your solicitor explains each procedural step in plain English.
We prepare letters that match the stage you have reached.
Our dispute resolution work helps us identify points that may be challenged.
We can support your managers at hearings and appeals.
We agree our charges before work begins.

Get in touch

Contact Pearcelegal on 0121 270 2700 to arrange a free 30 minute consultation. You can also complete our contact form.

Frequently asked questions

What if the Acas Code is not followed?

An unreasonable failure to follow the Acas Code can affect compensation in a relevant Employment Tribunal claim. A Tribunal may increase an award against an employer by up to 25% where an adjustment is just and equitable. Failure to use a fair process may also support an unfair dismissal claim. The tribunal considers the employer's size and administrative resources when assessing reasonableness.

Must I give written reasons?

Section 92 of the Employment Rights Act 1996 currently entitles an employee with at least two years' service to request written reasons. You must provide the statement within 14 days of the request. Separate rules require written reasons without a request for certain dismissals connected with pregnancy or the end of maternity leave. Similar protection applies where dismissal ends adoption leave. The service requirement falls to six months where the effective date of termination is on or after 1st January 2027.

Must I offer an appeal?

Offer the employee a right of appeal against a disciplinary dismissal. The Acas Code includes appeals as part of its procedure. An appeal may address a procedural defect or new evidence. Hear the appeal without unreasonable delay. Where possible, appoint a manager who has not previously been involved.

Can I dismiss without notice?

Summary dismissal may be justified where gross misconduct amounts to a fundamental breach of contract. Do not treat an allegation as proven before investigating it. Give the employee an opportunity to respond at a disciplinary hearing. If you uphold the allegation, communicate the decision in writing and explain the appeal arrangements.

Can I dismiss during probation?

A probation clause does not remove statutory or contractual protections. Use a fair process and give the notice due. Check whether the proposed reason could be discriminatory or automatically unfair. The ordinary unfair dismissal qualifying period is currently two years. Under the Employment Rights Act 2025, it falls to six months where the effective date of termination is on or after 1st January 2027.

Can I dismiss someone for poor performance?

Poor performance can amount to a capability reason. Explain the required standard and identify where the employee is falling short. You should usually provide suitable support and reasonable time to improve. Keep records of the concerns and subsequent reviews. Dismissal may become reasonable if adequate improvement does not follow.

Can I dismiss someone for misconduct?

You may dismiss for misconduct where the evidence supports the allegation and the outcome falls within the range of reasonable responses. Misconduct short of gross misconduct will usually call for a warning before dismissal. You should investigate the allegation and hold a disciplinary hearing. Provide a written outcome and an opportunity to appeal.

What are fair reasons for dismissal?

The Employment Rights Act 1996 lists capability, qualifications, and conduct as potentially fair reasons. It also includes redundancy and a statutory restriction. Some other substantial reason can qualify in an appropriate case. Identifying a potentially fair reason is only part of the test. You must also act reasonably and follow a fair procedure.