What the service includes
Employment disputes are systematically resolved in the employee’s favour: this is built into the very logic of labour legislation. But that does not mean the employer is defenceless. Most disputes lost by employers stem not from the substance of the conflict but from procedural errors in dismissal, disciplinary action or documentation.
We represent the employer in disputes over reinstatement, recovery of damage and challenges to disciplinary sanctions. We also help set up HR record-keeping so that future disputes do not arise, or are lost less often.
A separate area is preparing HR documents in advance, before any dispute arises: employment contracts, job descriptions, internal regulations, and agreements on financial liability and on non-disclosure of commercial secrets, drafted to withstand scrutiny in court and not merely before the labour inspectorate.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Risk assessment
We review the circumstances of the dispute or of a planned decision (dismissal, redundancy) for procedural risks before they materialise. Timeframe: 1-2 weeks.
Preparing documents
We prepare or review HR documents, from the dismissal order to records and notices, so that the procedure stands up in court. Timeframe: 1-2 weeks.
Representation in the dispute
When an employee applies to a court or the labour inspectorate, we represent the employer at every stage of the proceedings. Timeframe: 2-4 months.
Preventing repeat disputes
After the dispute, we help adjust internal documents and procedures so that a similar situation does not recur. Timeframe: on request.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
Dismissal without following the procedure for recording the violation. Dismissal for absenteeism or failure to perform duties is possible only with properly drawn-up records and written explanations. Without them, the dismissal is overturned in court almost automatically, regardless of whether the violation really occurred.
Token offers of vacancies in a redundancy. The law requires the employer to offer all available suitable vacancies, not only those the employer considers suitable. Missing even one vacancy often becomes grounds for reinstatement.
Claiming the full amount of damage without a full financial liability agreement. Without such an agreement (and without a position on the list set by law), only an amount within the employee’s average monthly earnings can be recovered, regardless of the real size of the damage.
What you get
The employer’s position defended in court. We represent the company at every stage of the employment dispute, from the first instance to appeal.
Procedurally robust HR documents. Orders, records and notices are prepared to withstand scrutiny in court, not merely to record a fact.
Recovery of damage where possible. We seek compensation from the employee within the limits provided by law and the contracts concluded.
Lower risk of future disputes. As a result of our work, the company has documents and procedures that reduce the likelihood of a repeat dispute.
Related
Frequently asked questions
Is it true that the courts almost always side with the employee?+
The statistics do lean towards the employee, but in the vast majority of cases lost by employers the cause is procedural breaches rather than the substance of the dispute: a properly documented procedure significantly improves the employer’s chances.
Can damage caused to the company be recovered from an employee?+
Yes, where there are grounds (shortage, damage to property, disclosure of commercial secrets) and the procedure is followed. An employee’s financial liability is limited by law, and its extent depends on the type of liability (full or limited).
How do you carry out a redundancy process so that it is not successfully challenged?+
The key points are meeting the notice deadlines, correctly determining who has the preferential right to remain in employment, and offering every available vacancy. A breach of any one of these gives grounds for reinstatement.
Should you consult a lawyer before dismissing a problem employee, or only after they have gone to court?+
Before. It reduces the risk of losing many times over. Assessing the procedure at the point of deciding on dismissal is almost always cheaper and more effective than defending a dispute that has already begun.
Can a company dismiss an employee while they are on sick leave?+
No, except in the case of the company’s liquidation. Dismissal on the employer’s initiative during an employee’s sick leave or holiday is expressly prohibited by law.
What does the company face if the court reinstates an unlawfully dismissed employee?+
Reinstatement, payment for the whole period of forced absence while the dispute lasted and, if claimed, compensation for non-pecuniary damage. This is exactly why procedural accuracy at the dismissal stage matters so much.