Dismissal for gross misconduct
Is your former employer justifying your dismissal on the basis of gross misconduct? Let us look at it.
Dismissal lawyers
Claiming compensation for unfair, disciplinary, objective or collective redundancy dismissal. Free consultation with no obligation.
01 For gross misconduct
02 Disciplinary
03 Unfair
04 Disciplinary with no evidence
01 — What we do
We keep track of every deadline in your dismissal
Twenty working days. It is a short, strict cut-off and it cannot be recovered.
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Reviewing the letter
- The same day
- A letter with no specific facts, or with a generic reason, can lead to the dismissal being declared unfair.
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Conciliation claim
- 20 working days
- It is the step that stops the clock; filing it late leaves the dismissal accepted.
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Conciliation hearing
- In the following weeks
- We represent you before the SMAC and go through any offer the employer makes with you.
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Claim before the employment tribunal
- After the hearing ends without agreement
- Conducting the case with the evidence prepared from day one, not from the date of the summons.
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Compensation
- 33 days per year
- And 45 days for time worked before 12 February 2012, subject to the statutory caps.
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Claim to FOGASA
- 1 year
- Where the employer is insolvent, the Wage Guarantee Fund covers part of what has been awarded.
02 — Specialist areasFour types of dismissal
Four types of dismissal
we claim for
Disciplinary dismissal
Get in touch if you think your disciplinary dismissal is unjustified. Very often it is.
Unfair dismissal
Do you think you have been unfairly dismissed? We help you get what you deserve.
Disciplinary dismissal with no evidence
You are entitled to reinstatement or to compensation where a dismissal comes with no evidence. We claim it for you.
03 — The service
Have you been dismissed? We fight for the compensation you are entitled to.
Escalera & Tuset · Employment law · Madrid
Not sure? Give us a call 911 923 480 We reply within the same working day. First consultation free.
«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»
04 — How we start
This is how we start to resolve your case
You will know who is handling your matter, what your options are and what it is going to cost. No surprises.
Solicitar presupuesto-
You call or write to us
On +34 911 923 480 or through the form. We get back to you within the same working day.
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We study the case
We review the documents and tell you what your real options are, with their deadlines and their risks.
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A fixed quote
We give you the cost of the solutions on the table before we start. With no obligation.
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We get to work
A named lawyer handles your matter and keeps you informed at every stage of the procedure.
05 — Questions
What people ask us before they instruct us
20 working days from the date it takes effect. After that the dismissal can no longer be challenged.
33 days per year if it is unfair (45 for time worked before 12 February 2012), subject to the statutory caps, and 20 days if it is a valid objective dismissal. We work out your exact figure.
You can sign the letter marked 'not in agreement'. Never sign the final settlement without having it checked first.
A void dismissal means the employer has to reinstate you and pay the wages accrued during proceedings; an unfair dismissal lets the employer choose between reinstating you and paying compensation.
The employee representatives can challenge the collective redundancy and each employee can challenge their own dismissal. We review the consultation period.
06 — Quote
Tell us about your case. We call you today
First consultation free and with no obligation.
911 923 480More about dismissal and the compensation due
Claiming compensation for dismissal
The legal framework in which working relationships take place in Spain can be fairly confusing. That is why at Escalera & Tuset we provide a specialist employment law service built around the client. We want you to feel part of every small step in the process of claiming compensation for dismissal. Here you are never just another client. You are never just another number. We reach the goals together.
And we will work to reach them. As dismissal lawyers we have a long track record in employment claims. Our expert training, our specialist knowledge and our clear focus on the client let us provide an outstanding legal service. If you need to bring a claim against your former employer, we are your best answer.
Are you looking for an employment lawyer for a dismissal?
There are several different types of dismissal in Spain. Each one carries its own conditions and its own possible compensation. That being so, the key to asserting employees' rights on dismissal is to understand each case in depth. That is the first thing we do at Escalera & Tuset, and the first step we put a great deal into. Listening to and understanding our clients is essential to placing ourselves in the context of the case and being able to develop efficient solutions.
Once we have developed those solutions, we put them into practice. With advice and representation from Escalera & Tuset you will have a defence aimed at getting the best possible result. We look at your case in detail so as to exhaust every possibility and offer you the solution that suits you best. Whether it is a dismissal for gross misconduct, an unfair dismissal or a dismissal through a collective redundancy procedure, we can help you get justice. Let us assess it professionally.
We also deal with compensation where a contract is not renewed. If you suspect you have suffered, or are suffering, treatment at work that goes against the law, do not weigh it up on your own. Get in touch and tell us as much as you can. Let us, the specialists in employment matters, assess your case. Employees very often have all sorts of options and solutions open to them that they are not even aware of.
When it comes to bringing claims against an employer, it is important to know that there is a limit on the number of days to claim for a dismissal. That is why at Escalera & Tuset we encourage you to act as soon as possible. Once you are at our office, we will work to move things along as quickly as they can be moved. We are well aware of how much employment matters mean to our clients. And that is why we do not stop until the problem is resolved in your favour.
Do you need dismissal lawyers to negotiate for you? Are you looking for an employment lawyer who can defend you before a tribunal? Call us right now. The powerlessness and isolation you feel at this moment will end the instant you walk into our office. We look after your case. We look after our service. We look after you. And we commit to giving you a legal service that is both approachable and rigorous. Would you like a free consultation with no obligation? We are here.
We defend employees' rights on dismissal
When it comes to bringing claims against an employer, it is important to know that there is a limit on the number of days to claim for a dismissal. That is why at Escalera & Tuset we encourage you to act as soon as possible. Once you are at our office, we will work to move things along as quickly as they can be moved. We are well aware of how much employment matters mean to our clients. And that is why we do not stop until the problem is resolved in your favour.
Do you need dismissal lawyers to negotiate for you? Are you looking for an employment lawyer who can defend you before a tribunal? Call us right now. The powerlessness and isolation you feel at this moment will end the instant you walk into our office. We look after your case. We look after our service. We look after you. And we commit to giving you a legal service that is both approachable and rigorous. Would you like a free consultation with no obligation? We are here.
If you need lawyers in Madrid to advise you, Escalera & Tuset is the answer. If you need lawyers who can defend you, Escalera & Tuset is the answer. If you need information, Escalera & Tuset is the answer. We are here purely to help you in the way you need. Get in touch now.
Also in employment law
The employment department handles dismissals, pay, working conditions and claims for unpaid sums.
911 923 480