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/

Go back to FAQs

Other questions we get asked about Support

How can we manage resistance to change during mergers, acquisitions, or restructuring?

Communicate clearly and early, involve employees where possible, and support managers to lead through change. Consistency, transparency, and listening to concerns help build trust and reduce resistance.

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 […]

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.

Does an employee have to get signed back to work if they have been signed off by a Dr?

No, an employee doesn’t need to be signed back to work by a doctor unless their employer specifically requires it, such as for health and safety reasons. Fitness to work should be discussed at the return to work meeting.

Do I have to permit an employee parental leave?

Yes, you must permit statutory parental leave if the employee meets the eligibility requirements. This includes maternity, paternity, and shared parental leave. For unpaid parental leave, employees with at least 1 year of service are also entitled to it, subject to notice requirements. For free managers guides and templates – Family Leave Guide (Support section) […]

Not found what you’re looking for? See our other categories

Attract

From CV screening and interviews  to right-to-work compliance

Engage

From goal setting to  long-term employee retention

Develop

From recognition and communication to creating a positive workplace culture.

Support

From holiday calculations and maternity leave to redundancy and grievance management

Book a free consultation