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

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.

Do I have to give bank holidays to an employee who doesn’t work on a Monday?

Yes By law, part-time employees and workers are protected from being treated less favourably than a full-time ‘comparator’. The law is the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The bank holiday allowance should be pro rata (proportioned into hours worked) and added to their holiday allowance. For free managers guides and templates […]

HR admin takes too much time. How can we streamline it?

Adopt an HRIS for leave, records, and documents; standardise templates; and automate onboarding/offboarding checklists and reminders. Call Breathing Space as we provide Admin support!

Can we dismiss quickly during probation?

Probation allows faster decisions but still requires a fair process: concerns explained, a chance to respond, notice/pay handled correctly, and care taken to avoid discrimination.

Can I record an absence for someone who has a disability?

Yes, you can record an absence for an employee with a disability, but it’s important to distinguish if the absence is disability-related. You must treat it fairly, ensure reasonable adjustments are considered, and avoid penalising the employee for disability-related absences. For free managers guides and templates – Supporting Disabilities support (Support section) 👉 – https://breathingspacehr.co.uk/how-to-hr/

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