A claim for unfair dismissal on the grounds of capability

Ms R had an accident at work and injured her back. She was employed as a stable manager and following an appointment with her GP was signed off work for two weeks. When her employer found out, Ms R was dismissed on the grounds of capability.

Ms R had already issued her claim with the Employment Tribunal when we received the claim.  We made an application to amend her proceedings to include a claim for automatic unfair dismissal on the basis that her employer had not followed the statutory procedures to ensure all her potential claims were covered.

We then prepared her schedule of loss and witness statement in readiness for proceedings.  When the employer failed to send us their statement we made an application to the Tribunal to have their response to the claim struck out.

Following our application, the employer instructed solicitors, who immediately entered into negotiations with us, resulting in a satisfactory settlement for our client, whilst preserving her position concerning any claim against her employer for her injury at work.

Who dealt with the case?

The case was handled by solicitor Hannah Simpson, who specialises in employment law.

This case was problematic because we had to deal initially with a litigant who flouted the Tribunal directions and refused to engage with us in properly resolving this matter.  Once we had taken a firm stance we were able to bring this matter to a swift conclusion.

Client testimonial

"I was really pleased with the service I received. Hannah was brilliant and took care of everything. Every question I had was answered."

Call us seven days a week on:
03700 86 86 86
or request a call-back...
 Choose date

Want to send us something by post? Click on an office below for the address details:

Basingstoke

Shoosmiths
Quantum House
Basing View
Basingstoke
RG21 4EX

Birmingham

Shoosmiths
7th Floor
125 Colmore Row 
Birmingham
B3 3SH

Manchester

Shoosmiths
3 Hardman Street
Spinningfields
Manchester
M3 3HF

Milton Keynes

Shoosmiths
Witan Gate
Witan Gate House
500-600 Witan Gate West
Milton Keynes
MK9 1SH

Northampton

Shoosmiths
The Lakes
Northampton
NN4 7SH

Nottingham

Shoosmiths
Waterfront House
Waterfront Plaza
35 Station Street
Nottingham
NG2 3DQ

Southampton

Shoosmiths
Russell House
1550 Parkway
Solent Business Park
Whiteley
Fareham
Hampshire
PO15 7AG

Reading

Shoosmiths
Apex Plaza,
Forbury Road
Reading
Berkshire
RG1 1SH

Access Legal is part of Shoosmiths, a leading national UK law firm. © Shoosmiths 2010
Terms and Conditions of use | Privacy statement | Tell us what you think | Sitemap | Accessibility | Contact us | Shoosmiths web site