Last In First Out (Fair Redundancy?)
When making workers redundant, one of the requirements on employers through the redundancy process is to ensure fair selection criteria are used so as to avoid acting unlawfully and risking costly tribunal claims. The ‘last in first out’ approach was once one of the most common ways of selecting employees for redundancy, as an objective and […]
How to Develop a Redundancy Matrix
Employers must act fairly and lawfully at each stage of the redundancy process to avoid unfair dismissal claims. The first step, assuming there is a genuine redundancy situation, will be to consult with affected employees. This will entail determining whether there are any viable alternatives to redundancy, such as suitable alternative positions. In the event […]
What Are Fair Reasons For Redundancy?
Redundancy is considered a potentially fair reason for dismissal, provided the contract termination is carried out properly and the employer follows a lawful process. If the redundancy is not genuine, the correct process is not implemented or the reasons for an employee’s redundancy are deemed unfair, the dismissed employee may be able to bring a claim […]
Unfair Dismissal Guide for Employers
Most employees have the right to be dismissed fairly. Allegations of unfairness can be directed against employers for a number of reasons, with the grounds for dismissal, the way the decision was reached and the procedure used to bring the contract to an end all being scrutinised in tribunal proceedings. This means employers should approach employment […]
Garden Leave: Guide for UK Employers
Garden leave is used by employers as a protective measure to ensure that key employees exiting a business have a minimal impact on its reputation and ongoing success. That said, the use of garden leave does not come without cost and certain risks for the employer. In the following article, we examine the pros and […]
Automatically Unfair Dismissal
There are certain circumstances in which a dismissal may be classed as automatically unfair, regardless of the employee’s length of service. It’s a common misconception that an employee that has not yet accrued two years’ continuous service can be dismissed without the need to provide a fair reason or to follow a fair process. If […]
Resignation With Immediate Effect: Advice For Employers
Employers will generally want to avoid a scenario where an employee resigns ‘on the spot’. Resignations with immediate effect can often cause operational challenges, not least due to staffing issues, which can also lead to financial loss. The following guide for employers, line managers and HR personnel looks at the law around resigning with immediate […]
Capability Dismissal: Employer Guidance
A capability dismissal refers to an employer terminating an employment contract on the basis of the employee’s underperformance or ill-health. Employers are permitted to lawfully dismiss employees due to poor performance, but in doing so they must follow a fair process. This means, among other requirements, that the employer has to have a reasonable belief […]
How Much Is Ill Health Severance Pay?
It’s a common misconception that dismissal due to ill health is automatically unfair or always unlawful. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair procedure. Handling the process incorrectly, however, and getting entitlements […]
Holiday Pay on Termination of Employment
Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints. What are the rules on holiday pay on […]