EMPLOYMENT LAW
EMPLOYMENT LAW SOLICITORS
Terminating the employment of an employee or group of employees is a difficult decision but sometimes it can’t be avoided. Our employment solicitors will guide you through the process to minimise the risk of unfair or wrongful dismissal claims.
Making sure your process is fair and legally compliant can be an important part of any dismissal or redundancy procedure. Our employment solicitors can help you to protect your business and ensure your employees are treated fairly.
What Should I Consider If I Need To Dismiss An Employee?
If you’re thinking about dismissing an employee, you’ll need to be clear on why you want to dismiss them and how long they’ve worked for you.
In most cases, employees who’ve worked for you for less than two years don’t have the right to bring unfair dismissal claims against you, so it’s often easier to let them go. However, they can bring an unfair dismissal claim if you dismiss them because they’re a whistleblower or if they’re pregnant.
If the employee has worked for you for two years or more, you can only dismiss them fairly for the following reasons:
Conduct (behaviour)
Capability (inability to do their job, which could be due to underperformance or ill health)
Redundancy
Continuing to employ the person would mean you are breaking the law (if they no longer have the right to work in the UK)
Some other substantial reason (SOSR).
Summary
You should also consider if there are any grounds for an employee to bring other types of claims against you. These could include, discrimination claims, breach of contract or holiday pay.
Getting a dismissal wrong can cost time, money and damage your reputation. It’s important to get legal advice at an early stage.
How Can I Avoid Unfair Or Wrongful Dismissal Claims?
Following the correct legal process will help you reduce the risk of unfair or wrongful dismissal claims. The process you follow will depend on the reason for dismissal and the number of employees you’re dismissing.
You can help prevent an unfair dismissal claim by:
Getting legal advice as soon as possible if you need to dismiss an employee
Following your own policies and procedures
Following the ACAS Code of Practice on Disciplinary and Grievance Procedures
Making sure your dismissal follows any other employment law regulations
Our employment lawyers advise businesses of all sizes about both individual and collective dismissals.
We can help put your organisation in the best possible place to reduce the risk of expensive and time-consuming litigation.