For any reasonable employer, the decision to dismiss an employee is not taken lightly, but there are times when it is unavoidable. Whether it is caused by a downturn in business or because of the conduct or performance of the employee, our specialist team of employment solicitors will guide you through the process to minimise the risk of a potential Employment Tribunal claim.
There are a number of potentially fair reasons that an employer can rely on to dismiss an employee; redundancy, misconduct and capability (which can cover poor performance and ill health) being the most common. If you think you may have reason to dismiss an employee but are unsure about how to deal with that fairly, call us today for a free consultation. Unlike other advisors, we will never say that you cannot take a particular course of action – it is your business and only you can decide what’s best. However, we will set out (in plain English) what the risks are of a particular course of action and what the potential costs implications could be for your business so that you can make an informed decision.
These are legally binding agreements which are usually used to formalise the employee’s terms of departure from a business. The consequence of an employee signing a Settlement Agreement is that they agree not to bring any claim arising out of the termination of their employment against you in an Employment Tribunal.
Settlement agreements can be used not only where you are in the middle of a disciplinary process with an employee but also where you feel there has been a breakdown in the relationship between you and your employee or that the employee is just not suitable for their job. We can both draft the Settlement Agreement for you and advise you on the way in which you offer terms of departure to an employee. This may involve what is now called a “Protected Conversation” with an employee. Protected Conversations, if handled correctly, allow an employer to propose terms of departure to an employee without the fear that the employee may subsequently rely upon that conversation in either a grievance against you or as evidence in an Employment Tribunal claim.
The law relating to both Settlement Agreements and Protected Conversations can be quite complex but our experienced team of solicitors will guide you through the process in a clear and understandable way.
Our expert team can advise you on any of the following issues: