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 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.

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.

Disciplinaries and grievances feel constant. How do we reduce them?

Invest in manager training, set clear expectations, keep documentation tidy, and resolve issues informally where appropriate. Consistency and early intervention prevent escalation.

If an employee is suspended pending investigation and they produce a fit note saying work related stress which process do I now follow?

You continue the suspension process, as a fit note for work-related stress does not override the suspension. However, you should acknowledge the fit note, offer support, and manage the investigation sensitively.

How can I reduce the risk of lawsuits due to wrongful termination?

To minimise legal risks: Consult Experts – Seek HR advice when handling complex HR matters! Follow Employment Laws – Stay updated on labour laws and regulations. Document Everything – Keep detailed records of performance, complaints, and terminations. Train Managers & HR – Provide training on fair hiring, workplace conduct and payroll compliance. Use Clear Policies – Ensure policies on termination, discrimination, and wages are well documented and consistently applied. Conduct Regular Audits – Review payroll, contracts, and workplace practices to identify risks.

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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