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/

Go back to FAQs

Other questions we get asked about Support

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 […]

Read more
Support

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.

Read more
Support

If an employee is sick during their notice period do I pay SSP or normal pay?

You pay normal pay if the employee is off sick and unable to work during their notice period.

Read more
Support

Can I dismiss someone who has a disability?

Yes, you can dismiss someone with a disability, but only if there is a fair reason, such as misconduct or capability issues, and after considering reasonable adjustments. Dismissal must not be related to the disability itself, to avoid discrimination claims. For free managers guides and templates  –  Supporting Disabilities support  (Support section)  👉 – https://breathingspacehr.co.uk/how-to-hr/

Read more
Support

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

Written employment contracts, core policies (disciplinary, grievance, absence, equality, data protection), Ro-work checks, payroll and auto-enrolment, Basic H&S, and compliant onboarding. Add a staff handbook as you grow.

Read more
Support

What is the process for filing a workplace grievance?

Review the Policy: Check your company’s grievance procedure, usually in the employee handbook. Informal Discussion: Try to resolve the issue informally by speaking to your manager or HR. Formal Complaint: If unresolved, submit a formal grievance in writing, detailing the issue and any attempts to resolve it. Investigation: HR or a designated person will investigate […]

Read more

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

The Essential Guide to HR for Line Managers Download Now
Book a free consultation