The Period of inquiries
You can't fire anyone on the first day.
The company has a legal obligation to open a «Consultation Period» of up to 30 days for negotiation.
This is where we come in as your legal advisors. We demand the handover of all financial and accounting documentation for a thorough review.
We dismantle «economic, technical, organisational or production causes» (ETOP causes) if they are false, forcing the company to backtrack or substantially improve exit conditions.
This is how we've slowed down collective dismissals in Seville
The unjustified collective redundancy
The company alleged millions in losses to justify the redundancies. Our audit showed that they were diverting profits to another company within the same group.
Result: The judge declared the redundancy scheme null and void, and all workers were reinstated in their positions.
From 20 to 33 days per year
The management did not move from the minimum legal requirement (20 days). We threatened to challenge the dismissal due to serious procedural flaws in the documentation provided.
Result: We have managed to close a binding agreement of 33 days per year worked for all affected staff.
Temporary Layoff Scheme instead of Redundancy Scheme
We negotiated to transform the proposal for definitive redundancies (ERE) into temporary employment suspensions (ERTE).
Result: We managed to save the income and jobs of 15 families in the province of Seville while the company overcame its economic downturn.
HERE versus. Normal Dismissal: What compensation do you get?
| Type of ERE Resolution | Compensation Days | Additional Conditions |
|---|---|---|
| Minimum Statutory Severance Pay | 20 days for each year worked. | Maximum limit of 12 monthly instalments. |
| ERE (Negotiated by FA Lawyers) | Improve by up to 33 or 45 days per year. | Guaranteed early retirement or external redeployment plans. |
| Annulled Employment Tribunal Order (Judicial Review) | None (no dismissal). | Mandatory reinstatement + full payment of back wages. |
