FAQs

How do I manage an unfair dismissal claim?

Follow Procedure: Ensure that the dismissal followed a fair process, including investigation, warnings, and opportunities for improvement.
Document Everything: Keep detailed records of performance issues, warnings, and any meetings or communications.
Provide Reasoning: Be clear about the reasons for dismissal, ensuring they are valid and consistent with company policies.
Offer Appeal: Allow the employee to appeal the decision if they disagree.
Seek Legal Advice: Consult with an employment lawyer to understand your obligations and prepare for potential claims.
Settlement or Tribunal: Consider negotiating a settlement or preparing for an Employment Tribunal hearing if the claim proceeds.

Ensuring fairness and proper documentation is key to defending an unfair dismissal claim.

For free managers guides and templates – Disciplinary & Grievance Guide and support templates (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/

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Other questions we get asked about Support

How do we tackle outdated and inefficient HR systems that slow down processes?

Assess Current Systems Identify what’s not working—look for delays, errors, or frequent employee complaints. Gather User Feedback Ask HR staff and employees what features they need or what slows them down most. Research Modern Solutions Explore up-to-date HR platforms integrating payroll, performance, leave, and recruitment (e.g. myHRIS). Plan a Phased Upgrade Prioritise key pain points […]

How do I legally lay off an employee?

Check the employment contract for a layoff clause. Provide written notice explaining the reason for the layoff. Offer statutory guarantee pay if eligible. Consult with the employee and explore alternatives (e.g., reduced hours). If the layoff is extended, consider redundancy procedures. The employee can also request redundancy. Employees can apply for redundancy and claim redundancy […]

An employee’s been absent for a while. What should we do?

Keep in touch sensitively, hold review meetings, seek medical/Occupational Health advice. Consider reasonable adjustments, and follow your absence/capability policy. Treat long-term sickness fairly and consistently.

Can I continue with an investigation when the person goes off sick?

Yes, you can continue with an investigation if the person goes off sick, but you should be mindful of their health. Consider adjusting the process to accommodate their condition, such as delaying interviews or offering alternative communication methods. Ensure the employee is treated fairly and reasonably throughout the process. For free managers guides and templates […]

What documents should we keep during grievances/disciplinaries?

Investigatory notes, statements, letters/invitations, evidence considered, outcome letters, and appeal records. Store securely and only as long as necessary.

How do we handle disciplinaries?

Start with a fair investigation. Consider suspension only if necessary. If there’s a case to answer, invite to a hearing with evidence, allow a companion, decide an appropriate outcome, and offer a right of appeal.

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