Employee exits happen and are necessary in all businesses.
Regardless of the size, scope or scale of your business, you can be exposed to a complaint or Employment Tribunal claim, especially when it comes to ending someone’s employment.
Whether relating to specific issues such as misconduct, disciplinary matters, poor performance, ill-health or retirement, or simply due to a commercial need to re-structure a business, sometimes arranging for employees to exit the business is the only viable option.
Employers can find it difficult to get a definitive view of where they stand because of changing legislation and the complexities of many employment laws. Plus, employees do not always need two years of continuous service to be able to bring a claim they have been unfairly dismissed.
PJH Law will work together with you to ensure you follow best practice and are compliant in your processes, alternatively work with you to remove an employee using a settlement agreement. To ensure you do not leave yourself open to a claim, contact our employment law solicitors and HR professionals on 01780 757 589, request a call-back or complete our quick online enquiry form.
Working relationships, like marriages, can and do fail. If you consult an employment law specialist solicitor early enough we will make breaking up as painless and as cost effective as possible.
If you want to dismiss there are five fair reasons for dismissal:
- Conduct – if an employee has broken the terms of your employment, for example continually being late or miss work, poor discipline or theft
- Capability – if an employee cannot do your job properly, for example you can’t keep up with changes to technology or skill set or qualifications technical or professional
- Redundancy – when a position does not have sufficient volume or technology advancements make it obsolete or your site or workplace is closing
- Continuing to employ an employee would break the law – for example a HGV driver without a driving licence
- Some other substantial reason (SORS) – this applies if an employer has an overwhelming reason to dismiss
Whatever reason for dismissal you have you need to follow a fair procedure.
Alternatively you may wish to terminate an employee’s contract without following procedure, if so you need to take legal advice as to the safest way of doing that.
To ensure you do not leave yourself open to a claim, contact our employment law solicitors and HR professionals on 01780 757 589, request a call-back or complete our quick online enquiry form.