Dismissal on personal grounds
Securing disciplinary dismissals (simple, serious, or gross misconduct) or non-disciplinary dismissals (professional inadequacy, unfitness for work): reasoning, procedure, timeline.
→ Employment · Sub-expertise
Dismissal is the most litigated legal act in employment law: a lack of cause, a procedural defect, or an incorrect characterisation exposes the company to heavy indemnities. We assist employers in securing dismissals on personal or economic grounds, and employees in defending their rights.
→ What we cover
Securing disciplinary dismissals (simple, serious, or gross misconduct) or non-disciplinary dismissals (professional inadequacy, unfitness for work): reasoning, procedure, timeline.
Procedure for the elimination, transformation, or refused modification of a role: justification of the grounds, order of dismissals, redeployment obligation, priority for rehiring.
Conduct of the preliminary meeting, drafting of the dismissal letter (mandatory particulars), compliance with deadlines, handling of special cases (pregnant employees, protected employees).
Information-consultation of the works council (CSE), order of dismissals, redeployment obligations, handling of any voluntary departures.
Unfitness procedure: medical examination, search for redeployment, justification of the impossibility, choice between dismissal for unfitness of occupational or non-occupational origin.
Representation before the labour tribunals (conseils de prud'hommes): case analysis, marshalling of evidence, pleading, handling of appeals.
→ Our approach
01
Analysis of the contemplated grounds, validation of the real and serious cause, choice of the appropriate procedure (personal grounds, economic grounds, unfitness).
02
Conduct of the procedure: summons to the preliminary meeting, conduct of the meeting, drafting of the letter, compliance with deadlines.
03
Preparation of end-of-contract documents, payment of indemnities, management of the notice period, anticipation of any appeals.
04
Defence in the event of a claim before the labour tribunal: analysis of the application, submissions, pleading, appeal where appropriate.
→ Who we help
Disciplinary dismissal procedure for serious misconduct: rigorous characterisation, prompt summons, possible precautionary suspension, a reasoned and precise letter.
Building a professional-inadequacy file with objective and factual evidence (unmet objectives, appraisals, training provided), a non-disciplinary procedure.
Procedure following unfitness declared by the occupational physician: search for redeployment, justification of the impossibility, reasoning of the letter.
Dismissal of fewer than 10 employees over 30 days in an SME: information-consultation of the works council (CSE), order of dismissals, redeployment obligation.
→ Q&A
Simple misconduct: a valid ground, but notice is owed and a dismissal indemnity is paid. Serious misconduct: justifies immediate termination without notice or dismissal indemnity (but paid-leave indemnity is owed). Gross misconduct: intent to harm, rarer, and may also deprive the employee of the paid-leave indemnity depending on the case.
Two months between the employer's knowledge of the facts and the summons to the preliminary meeting. Beyond this, the facts are time-barred and can no longer ground a sanction. This deadline is strictly assessed by the courts.
They are mandatory in cases of economic dismissal and unfitness. The employer must actively seek to redeploy the employee (an equivalent position, failing that a lower one, within the company or the group), and formalise its efforts and their outcome. A failure entails the absence of real and serious cause.
The Macron scale sets a range of indemnities based on length of service (and the size of the company for small workforces). The courts may award higher amounts in cases of nullity (discrimination, harassment, breach of fundamental freedoms).
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
Get in touch→