If you are considering dismissing an employee, there are very strict protocols to follow. Breach them and you could find yourself facing a claim for unfair dismissal.
If an employee is backed into a corner and has no choice but to resign, this could be construed as constructive dismissal. Again, it may be possible for them to take action against you as their employer.
The whole subject of dismissal can be a minefield. Precisely why you should never make any move until you have taken legal advice. Here at Pickering & Butters our specialist employment lawyers are on hand to deliver the guidance you need. Taking time to understand the specifics of the situation, we’ll steer you on the correct procedures and provide you with any written documentation necessary.
We can also advise on and offer practical assistance with the drafting of settlement agreements. These are legally binding agreements that set out the terms of a dismissal settlement between an employer and an employer. These documents provide certainty between the parties and are aimed at making an amicable break. They are useful in a range of situations, in particular where there has been long term sickness leave, where there have been performance issues, where a business is being transferred or as a means of settling a grievance. Settlement agreements are also widely used during redundancies.
Finally, if you are facing a claim by an employee for unfair or constructive dismissal, or any other issue, our experts can provide advice and representation at the Employment Tribunal.
For confidential advice on any aspect of employment dismissal, please get in touch.