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

What is the law on maternity/paternity leave?

maternity leave is 52 weeks (26 weeks ordinary and 26 weeks additional), with statutory maternity pay (SMP) for up to 39 weeks. Paternity leave is 1 or 2 weeks, with statutory paternity pay (SPP) for up to 2 weeks. Both are subject to eligibility criteria.

An employee has raised a grievance. What’s the process?

Acknowledge promptly Investigate impartially Hold a grievance meeting (allow a companion), decide and confirm in writing, and offer an appeal. Keep clear records and timeframes.

If an employee is sick during their notice period do I pay SSP or normal pay?

You pay normal pay if the employee is off sick and unable to work during their notice period.

Can I dismiss someone who has a disability?

Yes, you can dismiss someone with a disability, but only if there is a fair reason, such as misconduct or capability issues, and after considering reasonable adjustments. Dismissal must not be related to the disability itself, to avoid discrimination claims. For free managers guides and templates – Supporting Disabilities support (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/

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 is considered workplace harassment?

Workplace harassment is any unwanted conduct related to a protected characteristic (e.g., age, race, sex, disability, religion) that creates an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment can include verbal, physical, or non-verbal behaviour and can involve bullying, inappropriate jokes, or discriminatory comments (For a free Managers Guide , go to How To HR […]

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