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

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

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 […]

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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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Support

How can I reduce the risk of lawsuits due to wrongful termination?

To minimise legal risks: Consult Experts – Seek HR advice when handling complex HR matters! Follow Employment Laws – Stay updated on labour laws and regulations. Document Everything – Keep detailed records of performance, complaints, and terminations. Train Managers & HR – Provide training on fair hiring, workplace conduct and payroll compliance. Use Clear Policies – Ensure policies on termination, discrimination, and wages are well documented and consistently applied. Conduct Regular Audits – Review payroll, contracts, and workplace practices to identify risks.

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Support

How do I correctly calculate holidays for leavers?

Holiday Entitlement  – (pro rata) number of days worked/number of days in a year x Holiday Entitlement (Incl Bank Holidays) Subtract any holiday already taken. If the employee has taken more than accrued, deduct the overused days from their final pay. If they’ve accrued more leave than taken, pay for the remaining days. For free […]

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Support

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  […]

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