Dismissing an employee with less than 2 years’ service
When dismissing an employee with less than 2 years service, it will be important for employers to be aware of the potential legal pitfalls. While in most cases of employment under 2 years, the employer does not necessarily need to justify their decision to dismiss, or even follow a fair procedure, there are many reasons […]
Unfair dismissal & zero hours contracts
While zero-hours arrangements can bring flexibility and agility to an organisation, employers should be aware that those individuals engaged on zero-hours contracts do benefit from a range of employment law protections. These include rights and entitlements relating to pay, paid annual leave and rest breaks. Furthermore, individuals on zero hours contracts may also have the […]
Redundancy when pregnant: fair dismissal?
According to studies conducted by the Equality and Human Rights Commission, and the Department for Business, Energy and Industrial Strategy, it is estimated that over 50,000 women could be losing their jobs each year because of pregnancy or maternity – and this was prior to the pandemic. With reports that the number of women seeking […]
How much is ill health severance pay?
It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. Handling the […]
Holiday pay on termination of employment
Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints. What are the rules on holiday pay on termination […]
Termination of employment: how to dismiss?
By law, to fairly dismiss an employee you must show that you have a valid reason that you can justify and that you acted reasonably in all the circumstances. Under section 98 of the Employment Rights Act 1996 (the 1996 Act) there are various valid reasons for terminating employment. These include: Redundancy Conduct or Capability […]
COT3 agreement: settlement FAQs
A COT3 agreement sets out the terms of a settlement agreement between an employer and employee. The COT3 forms part of the ACAS early conciliation process, intended to help resolve employment claims coming before the employment tribunal. The following article sets out guidance on COT3 agreements, including whether they are enforceable. What is a COT3 […]
Secondment agreement: employers’ Guide
Whether your organisation is considering a programme of secondments for a group of employees or arranging a single secondment for an individual employee, you will need to know how to go about achieving this, in particular, you will need to consider the contents of any secondment agreement. Equally, if you are a host organisation looking […]
Summary dismissal: fair procedure guide
Dismissing an employee without notice, or payment in lieu of notice, requires employers to proceed with caution, not least to minimise the risk of a claim for unfair or wrongful dismissal. The following guide examines the law relating to summary dismissal, with practical advice on the procedures you will need to follow for the dismissal […]
How to write a dismissal letter
If you are considering dismissing an employee, you will need to know the basis upon which you can lawfully dismiss someone, as well as what procedures to follow to ensure that you do so fairly, including the contents of the dismissal letter to notify the employee of your reasons. Before considering what a dismissal letter […]
