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 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.

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.

What if someone is absent without explanation (AWOL)?

Make repeated contact attempts, document everything, and invite them to a meeting. If no valid reason emerges, manage under your disciplinary policy.

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.

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!

What are the legal requirements for redundancy pay?

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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