FAQs

How do I manage an unfair dismissal claim?

  1. Follow Procedure: Ensure that the dismissal followed a fair process, including investigation, warnings, and opportunities for improvement.
  2. Document Everything: Keep detailed records of performance issues, warnings, and any meetings or communications.
  3. Provide Reasoning: Be clear about the reasons for dismissal, ensuring they are valid and consistent with company policies.
  4. Offer Appeal: Allow the employee to appeal the decision if they disagree.
  5. Seek Legal Advice: Consult with an employment lawyer to understand your obligations and prepare for potential claims.
  6. 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

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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.

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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.

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Statutory redundancy pay if employees have at least 2 years of continuous service. The amount paid depends on age, years of service, and weekly salary (up to a cap). The formula is: half a week’s pay for each full year you were under 22 one week’s pay for each full year you were 22 or […]

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Support

We’re a start-up with nothing in place. What’s legally essential?

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Support

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 […]

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Support

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 […]

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