How to Challenge Wrongful Dismissal for Gross Misconduct

Are you facing dismissal for gross misconduct and unsure how to defend yourself against unproven accusations? Our lawyer has a live consultation with Alex, a manager with 10 years of good service, who’s been accused of making errors and attempting to cover them up. Alex claims extenuating circumstances and denies trying to cover up his mistakes, but has been dismissed without notice pay or benefits.

Our lawyer explores the options available to Alex, including resubmission of a (previously rejected) data subject access request, and possible tribunal claims for unfair dismissal and breach of contract. He concludes that Alex should submit an employment tribunal claim to fight the gross misconduct/wrongful dismissal. He should also try negotiating a settlement agreement, as settling may also be a better option for his employer rather than facing the time and cost of defending an employment tribunal claim.

To start the negotiations, he should start by writing a without prejudice letter asking his employer for a settlement agreement, to include notice period pay, an amount for settlement agreement legal advice, and a work reference. There are practical resources on Monaco Solicitors’ website to help individuals make employment tribunal claims and negotiate settlements, including how to write without prejudice letters.


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