The cornerstone of any Human Resources department is to have the correct procedures in place to discipline, dismiss or deal with an employee’s grievance.
Failure to do so could result in a costly Employment Tribunal…
On the face of it this might seem a complex and confusing issue but to us it is our ‘bread and butter’. We deal with this topic day in day out and can guide you through the process step by step.
Ways in which we can help the Employer
- Draft straightforward and correct Employment Law procedures in the Staff Handbook for your HR officials to follow.
- Assist at HR meetings.
- Provision of template ‘scripts’ for HR officials to use in the meetings.
- Provision of template letters to use throughout the entire process.
- Telephone assistance as and when required.
- Sensible advice in the event of employee termination to ensure the business suffers the least delay and risk.
- Advising on managing sickness and performance.
If you are considering dismissal for any reason (redundancy, conduct, capability) please ask us for advice at the outset.
There are several types of dismissal:
Fair and unfair dismissal
A dismissal is fair or unfair depending on the employer’s reason for dismissal and whether they act reasonably during the dismissal process.
Constructive dismissal
This occurs when an employee resigns because the employer has done something that the employee claims has substantially breached their employment contract, like cutting wages without consultation or allowing other employees to harass or bully them. The breach can result from either a single serious event or the last in a series of less serious events.
Wrongful dismissal
This occurs where a contractual term is broken in the dismissal process, for example, dismissing someone without giving them proper notice.
Ways in which we can help the Employee:
- Advice on whether a process applied to you is fair or unfair in law.
- Assistance with preparations for attending meetings.
- Review of documents to advice on value and prospects of an unfair dismissal and / or discrimination claim.
- Negotiating for you should you decide you wish to leave your employment.
