Redundancy bumping & fair dismissal
When dealing with redundancies, employers have to meet specific requirements to ensure the fair and lawful dismissal of employees. This includes having a genuine reason for any redundancy and following the correct redundancy procedure. Redundancy bumping is a specific and complex aspect of the redundancy process, which employers should give full consideration to when making […]
How to dismiss a company director
If the decision has been made to dismiss a director, the company must ensure the termination is conducted lawfully. Dismissing a company directory can potentially raise a number of issues, and the exit can quickly become contentious if not handled correctly. Company directors have certain rights and responsibilities, over and above those of employees and workers. Many […]
What phased retirement means for employers
Phased retirement refers to ways in which an employer can provide older workers with greater choice about the way in which they manage the transition from full-time work to leaving work altogether. This could be by way of reduced hours or duties, or even a different job role. The following guide for employers provides advice […]
Redundancy during maternity leave: HR guide
The process of making employees redundant is rarely straightforward, but can be further complicated where the law affords the worker additional protections, such as if the employee is pregnant or on maternity leave. This guide will explain the key issues for employers dealing with redundancy during maternity leave, to help ensure fair and lawful handling […]
Do employers have to give a reference?
There is generally no obligation for employers to provide a reference for an exiting employee, unless there is a contractual agreement that they must provide one, or if they operate in a regulated industry. Where a reference is given, it must be true, accurate and fair. In this guide for employers, we consider the rules […]
Termination of Employment Letter Sample
As an employer, terminating employment by dismissal can be an unpleasant, but necessary, part of your role. Dismissal could be for a number of different reasons, from misconduct matters and poor performance issues, to where an employee’s job role has been made redundant. However, even if you have a lawful reason for dismissal, and your decision […]
Unfair Dismissal Guide for Employers
In this guide for employers, we explain the fundamentals of unfair dismissal, including how ot reduce the risk of being subject to unfair dismissal claims. What is unfair dismissal? An employee’s right to not be unfairly dismissed is set out under section 94 of the Employment Rights Act 1996. The ERA states what the right […]
Wrongful dismissal: employer guidance
Legal issues surrounding the dismissal of an employee can quickly become costly and difficult to resolve. Wrongful dismissal claims present a specific set of challenges but are often confused with unfair dismissal. It’s important for employers to understand the distinction between these two types of dismissal, and what this means for avoiding and handling wrongful […]
HR1 form: redundancy notification
If your organisation has to make more than 20 people redundant, the Secretary of State must be notified of this intention. Failure to do so without justification may result in prosecution and/or a fine for the company or any of its officers. Advance notification of the redundancies is made using the HR1 Form. If you are […]
Zero Hour Contract Notice Period
Notice periods can be difficult to navigate, particularly in relation to zero-hours contract workers. It is important for employers to remember that, in spite of the flexibility a zero-hours arrangement can bring to your organisation, the individuals who work for you in this way are nevertheless entitled to rights relating to pay, annual leave and […]