Unfair Dismissal
Comprehensive psychological evaluation for employment tribunal cases involving unfair dismissal. We assess the impact of mental health conditions on employee conduct and performance, with urgent reports available for fast-approaching hearings.
Expert Type
- Forensic Psychologist
- Practitioner Psychologist
- Occupational Psychologist
- Clinical Psychologist
Applicable Law
- Employment Rights Act 1996
- Equality Act 2010
- Civil Procedure Rules Part 35
- ACAS Code of Practice
When Needed
This assessment is critical when a claimant’s mental health is a factor in their performance or conduct, or when workplace stress has contributed to the grounds for dismissal.
What Is an Unfair Dismissal Psychological Assessment?
An Unfair Dismissal psychological assessment is a forensic evaluation designed to determine whether a mental disorder influenced the events leading to a termination of employment. It examines the nexus between clinical symptoms and the alleged misconduct or performance failures cited by the employer, providing clarity on the employee’s mental state during the period in question.
The assessment evaluates the case against the Employment Rights Act 1996, specifically looking at the reasonableness of the employer’s actions given the employee’s psychological history. It helps clarify whether the employer followed a fair process regarding disability-related conduct and whether the dismissal fell within the “range of reasonable responses.”
- Causality assessment — determining if mental illness contributed to the conduct or performance issues in question
- Disability status — assessing if the claimant meets the criteria for a disability under the Equality Act 2010
- Cognitive function — evaluating the claimant’s ability to follow complex instructions or workplace procedures
- Reasonable adjustments — identifying whether prior psychological interventions or adjustments could have mitigated the issues
- Prognosis — estimating the likelihood of recovery and the individual’s future capacity for work
- Psychological impact — measuring the specific trauma or psychological distress caused by the dismissal process itself
These assessments require a forensic psychologist with specific expertise in occupational health and the nuances of UK employment law. The expert provides a CPR Part 35–compliant report (where applicable) that assists the tribunal by addressing diagnosis, causation, disability status, and prognosis.
The evaluation relies on a thorough clinical interview alongside a review of personnel files, occupational health records, and medical history. This ensures that the expert opinion is based on a robust evidentiary foundation suitable for cross-examination.
Key Assessment Components
Our assessment evaluates the following areas:
Clinical History
A detailed review of the claimant’s psychological history and any pre-existing conditions that may have influenced workplace behaviour.
Workplace Context
Analysis of specific occupational stressors and environmental factors that contributed to the claimant’s mental health decline.
Conduct Analysis
Evaluating the psychological drivers behind the behaviours that led to disciplinary action or performance management.
Equality Act Review
Determining if the claimant’s condition constitutes a legal disability and its impact on day-to-day activities.
Functional Capacity
Assessment of the individual’s psychological fitness for work at the time the dismissal occurred.
Mitigation & Treatment
Identification of therapeutic interventions that could have altered the outcome or assisted in keeping the employee in post.
Conditions That May Affect This Assessment
A range of psychological conditions can affect this assessment. These include:
The impact of these conditions often fluctuates over time, requiring a retrospective analysis of the claimant’s mental state at the time of dismissal.
Assessment Process
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Instruction Received
Detailed instructions are reviewed alongside the ET1, ET3 pleadings, and relevant medical or personnel records.
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Expert Matched
We match the case to a psychologist with specific expertise in employment tribunal proceedings.
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Assessment Conducted
A comprehensive clinical interview is conducted, either in-person or via secure video link.
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Report Delivered
A CPR Part 35 compliant report is delivered, addressing diagnosis, causation (where relevant), disability status, and prognosis.
Turnaround Times
| Urgency Level | Timescale |
|---|---|
| Standard Report | 4-6 weeks from assessment |
| Priority Report | 1-2 weeks |
| Urgent Report | 1-4 days |
What’s Included in the Report
All reports are prepared by experienced expert witnesses who are available for attendance at Employment Tribunal hearings if required.
Frequently Asked Questions
Need an Unfair Dismissal Psychological Report?
Contact our team today for a forensic psychological evaluation. We provide expert CVs and fixed-fee quotes within 60 minutes of your inquiry.
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