An individual’s period of employment with your company may come to an end for a variety of reasons. They may resign claiming constructive dismissal, suffer from ill-health, choose to retire or you may need to dismiss them.
If you are considering dismissing an employee, it is important that you understand the grounds for potentially fairly dismissing someone under employment legislation and the process you need to follow in any given situation, such as when dealing with misconduct, capability, ill-health, poor performance or redundancy. By complying with employment law and following a fair dismissal procedure, you also ensure you minimise the risk of ending up in a costly employment tribunal for unfair dismissal.
In most cases employees have to have two years’ service before they can bring a claim of unfair dismissal but there are a number of situations where this is not required, for example whistleblowing, health and safety, family rights and discrimination. As such, it is important that you take all this into account before terminating their employment.
If the employee is not being dismissed but employment is being terminated for another reason, there are different options open to you, as an employer, including protected conversations and negotiated settlement agreements to help ensure a smooth departure for both the employee and the business.
How can Thorntons help?
Thorntons Employment Law team is experienced in handling all manner of dismissals and departures at all levels. Our employment lawyers can advise you of the various options available from protected conversations and settlement agreements to guiding you through every stage of a redundancy or disciplinary process, supporting you with straightforward and practical advice to help you achieve your desired outcome.
In most employment situations taking legal advice early on can often stop the situation from escalating and will save you time and money later. With our proactive and commercial advice, our Employment Law Solicitors can help find the right solution for you over employee departures. Give one of our team a call on 03330 430 350 , or complete our online enquiry form and we will contact you.
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