Employment Contracts, Policies and Procedures4th April 2022
Employment Litigation and Dispute Resolution Solicitors4th May 2022
Terminating the employment of an individual or a group of individuals is a tough choice, but it is sometimes unavoidable. Tann Law’s employment solicitors will advise you through the procedure, minimising the danger of unfair or wrongful dismissal claims.
Ensuring that your process is fair and lawful may be a critical component of any dismissal or redundancy approach. Our employment solicitors can assist you in safeguarding your company and ensuring fair treatment of your workers.
What Considerations Should I Make If I Need To Dismiss An Employee?
If you’re considering terminating an employee, you’ll need to be explicit about why you’re doing so and how long the individual has worked for you. Employees who have worked for you for less than two years often lack the right to file unfair dismissal claims against you, making it frequently simpler to let them go.
They may, however, launch an unfair dismissal claim if you terminate them for being a whistleblower or because they are pregnant. If an employee has worked for you for at least two years, you may dismiss them fairly only for the following reasons:
- Behaviour (behaviour)
- Possibility (inability to do their job, which could be due to underperformance or ill health)
- Continuing to employ the individual would be a violation of the law (if they no longer have the right to work in the UK)
- Some other compelling reason (SOSR).
Additionally, you should assess if an employee has any grounds to pursue other sorts of claims against you. These may include claims for discrimination, violation of contract, or unpaid holiday pay. Making an incorrect dismissal may cost you time, money, and reputation. It is critical to get legal advice in the initial stages.
How Can I Avoid Claims of Unfair or Wrongful Dismissal?
Adhering to the proper legal procedure can assist you in minimising the danger of unfair or unjust dismissal claims. The procedure you follow will vary according to the cause for the dismissal and the number of workers being let go.
You should assist in avoiding unfair dismissal claims by taking the following actions:
- Obtaining legal counsel as soon as feasible if you are required to terminate an employee
Adhering to your company’s rules and procedures
- Disciplinary and Grievance Procedures in accordance with the ACAS Code of Practice
- Ascertaining that your dismissal complies with all applicable employment law restrictions.
Our employment solicitors provide guidance to businesses of all sizes about both individual and group dismissals. We can assist you in putting your organisation in the best possible position to avoid costly and time-consuming litigation.
What Is the Definition of an Employment Settlement Agreement?
An employment settlement agreement is a formal agreement in which an employee agrees not to make any claims against you in exchange for cash compensation. It is legitimate only if the employee obtains legal counsel on the agreement. You may utilise a settlement agreement if you want to avoid going through the whole dismissal procedure or if you want to avoid the consequences associated with dismissing someone.
For example, you may choose to avoid a formal performance management procedure prior to terminating an employee on capability concerns. Settlement agreements are especially advantageous if you provide ‘ex gratia’ payments to your workers in excess of their contractual duties.
You may require workers to sign an agreement upon termination to reduce the danger of a subsequent claim. Hundreds of employment settlement agreements have been negotiated by our staff. We can assist you in drafting a contract, reviewing an existing one, and negotiating the terms of a contract.
Tann Law Solicitors can assist
Our employment law solicitors have advised on both individual and group dismissals. We provide realistic, economic counsel to help you accomplish your company objectives while minimising legal risk. We do not limit ourselves to providing guidance on procedures and rules.
Additionally, we can assist you in the preparation of letters and settlement agreements, as well as in the preparation of scripts for meetings with workers and the conduct of discussions. Our staff also counsels workers facing dismissal, so we are familiar with the arguments employees and their solicitors may make.
Why use Tann Law before terminating employees?
Regardless of the size of your organisation, we can assist you in terminating employees with minimum legal risk. Because no two dismissals are the same, our employment solicitors will advise you depending on your attitude to risk, the circumstances, and corporate regulations.
Our accredited solicitors are based in the United Kingdom and are accessible online. As a result, regardless of your location, we can assist you. We’ll provide you with clear rates that fit your budget and will keep you updated throughout the process to ensure there are no surprises.
Contact our staff now to discuss your employment settlement agreement problem; just complete our online contact form and we’ll arrange a time to meet. Contact our Solicitors for Employment Termination & Settlement Agreements.