01522 898253

Termination

An Effective Plan

 

 

Whether it’s a dismissal for conduct or capability reasons, collective or individual redundancy or a retirement situation, we can ensure you get it right. Legal compliance and having an effective plan to follow at these highly emotional and stressful times are vital and we can guide you through the maze in a step by step manner.

 

Dismissals

 

Regardless of the reason, when employment comes to an end it is important that it is managed appropriately and in compliance with the law. If managed incorrectly it can lead to a damaged reputation, loss of productivity and to potentially crippling unfair dismissal or discrimination claims.

 

There are potentially six fair reasons for dismissal, which are:

 

  • incapability
  • misconduct
  • redundancy
  • a legal restriction making continued employment impossible
  • some other substantial reason justifying the dismissal of an employee
  • retirement (if objectively justified in limited circumstances)

 

Employers should ensure that their disciplinary procedure is compliant with the  Acas Code of Practice on Disciplinary and Grievance Procedures.  Tribunals can now raise or lower compensation by up to 25% for ‘unreasonable’ non-compliance with the Code. Additionally, if your procedures are actually contractual, it is also important to ensure that they are followed in order to avoid a breach of contract claim on termination.

 

We can also explore other viable options instead of dismissal such as mediation or counselling between the parties, to resolve the situation satisfactorily.

 

Redundancy

 

Certain obligations are prescribed by employment law such as the amount of consultation time employers must give their staff and what information must be disclosed.

 

We can ensure you fulfill your statutory obligations and advise on a well planned change management process to ensure everything runs as smoothly as practicably possible during a stressful time for everybody.

 

We can produce a Redundancy policy / procedure in advance to deliver objectivity and clarity to reduce conflict or misunderstanding in the process.

 

To assist leavers and give you more credibility in difficult circumstances, we also provide outplacement support – i.e. training and advice on such things as CV preparation, interviewing skills, searching for jobs, etc.