Dismissing an employee
The employment relationship can break down for a variety of reasons. Each will have to be approached in a specific way. More often than not it is not amicable. Dismissing for the wrong or unfair reason or not following a fair procedure can cause delay and expose your business to a claim of unfair dismissal.
Dealing with a disciplinary can be upsetting and unpleasant. It is easy to make a wrong decision when you don’t have the time, resources, skills or even desire to conduct a detailed investigation. That’s where we can help.
We can guide you through the maze of constantly changing employment law to ensure the best commercial outcome for your business, avoiding time consuming and expensive Employment Tribunal claims in the process.
You will nearly always need to follow the Acas Code of Practice when it comes to addressing a disciplinary issue or dismissing someone, but it will very much depend on how long your employee has been working for you and what the issue is, so we will assess the situation and give you commercial, practical advice from the start. There may be some circumstances when considering dismissing someone and your business interests conflict with you following best practice. If this is the case, then we will explain your options which may include a Settlement Agreement.
We’ll be frank and upfront. We won’t sit on the fence.
External investigations have a lot of benefits
Investigations can be incredibly time consuming if you are unsure about what you are doing. We can help carry out an independent report at a fraction of the cost and in a fraction of the time. Importantly, it can improve your legal position if the case later ends up in an Employment Tribunal claim.
To do one properly can take anything between 20-40 hours. That’s a lot of time for you and your HR team to spend away from running your business. An investigation has to be done, and done correctly. Let us investigate on your behalf leaving you to focus on your business.
In spite of your best efforts, external investigations are far more impartial than when done in-house. They help manage your reputation and legal risk and maintain good employee relations. It’s so easy for an employee to complain that an internal investigation is biased and predetermined.
If you want to carry out the investigation yourself, we can guide you through the whole process from the initial meeting, telling you if suspension is appropriate, help with interviews and report writing through to a hearing and appeal.
Failing to follow a fair or reasonable procedure could increase the risks of a Tribunal claim. If the employee wins, compensation could be increased by up to 25%. It’s a substantial uplift, particularly if a claim involves an element of discrimination or harassment.
Our specialist employment law solicitors and CIPD qualified HR professionals will work with you to ensure the best process is followed, so you can make the right decision with the minimum delay, inconvenience and cost.
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