Legal advice before dismissing an employee
Advance preparation allows us to check whether the grounds, evidence and communication support the decision the company intends to make.
Disciplinary dismissal
The alleged facts are investigated and documented before the letter is drafted or the measure is decided.
Objective dismissal
The business grounds and supporting material are organised to explain the decision consistently.
Collective redundancies
The collective nature of the measure requires specific planning of the grounds, documentation, timetable and discussions.
How to prepare for a dismissal
A dismissal must be prepared as a complete case: a well-drafted letter is not enough if the background and evidence are not organised.
Analysis of the grounds
The grounds are defined through specific facts and checked against the information actually available.
Preparing the documentation
Documents are classified by source and date so that they can be read without contradictions.
Dismissal letter
The letter must communicate the decision precisely and remain consistent with the existing case file.
Risks of an unfair or void dismissal
Before implementation, we assess potential points of dispute and subsequent scenarios.
Defence of the employer against a dismissal claim
The defence starts with what the company investigated, documented and communicated. The litigation strategy cannot be separated from that earlier sequence.
Negotiation with the employee
A negotiated departure can be considered where it serves clear objectives and is prepared with sufficient information about alternatives and limits.
Frequently asked questions
What should we review before dismissing an employee?
The grounds, facts, documentation, applicable rules, proposed communication and possible challenges.
What are the risks of a poorly handled dismissal?
It can create contradictions, weaken the explanation of the grounds and widen the dispute. The specific assessment depends on the case file.
Can we negotiate an agreed departure?
An agreed departure can be explored where there is room for agreement and the objectives, terms and documents are clearly defined.
Can Barcelona Laboral continue to represent the business?
The firm can take on the defence if there is no conflict of interest and the engagement includes that stage following a review of the complete case file.