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 […]
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 […]
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 […]
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 […]
Without prejudice & protected conversations
Without prejudice and protected conversations have become an essential part of the HR toolkit, but they have to be used with care to avoid further issues arising. If you are looking to bring an employee’s contract of employment to an end, you may want to have an off the record chat with a view to […]
Some Other Substantial Reason & Lawful Dismissal
As an employer, if you are looking to dismiss an employee, you will need a lawful reason to do so, otherwise run the risk of facing an unfair dismissal claim. In this guide, we look at what ‘Some Other Substantial Reason’ means and how, in practice, this can be applied by employers to establish a […]
Settlement agreement instead of redundancy?
As an alternative to redundancy dismissal, employers will often consider using settlement agreements to bring affected employees’ employment contracts to an end. Terminating employment through a settlement rather than redundancy means the employer does not have to follow the full redundancy process and removes the associated risk of tribunal claims. A settlement agreement can often be […]
Payment in lieu of notice: PILON guide for HR
PILON Guide for employers Dismissing an employee or having an employee resign can cause complications, especially if it’s the result of a workplace dispute or disagreement. Sometimes it can be easier to end the employment before the employee’s notice period. This is where making a payment in lieu of notice, or PILON, can be useful. […]
