Redeployment rights & redundancy
During the redundancy process, one of the requirements on the employer is to explore all suitable alternatives to making someone redundant. This could include considering options to redeploy the worker to a different role or a different part of the organisation. Redeployment, however, a complex area of the redundancy process, and employers must approach this […]
Termination of employment due to custodial sentence
What does it mean for an employer if one of their employees is convicted of a crime and sent to prison? In many cases, employers may be considering termination of employment, not least because the employee will no longer be available for work, but also due to associated issues such as bringing the company into […]
Fire and rehire rules (employers’ guide)
‘Fire and rehire’ refers to when an employer dismisses an employee and rehires them on new terms. The new terms are generally less favourable for the individual than under their previous contract of employment. Firing & rehiring is a tactic typically used by employers who wish to vary the terms of their employees’ contracts but […]
Health & safety unfair dismissal
A return to the workplace for many staff may raise health and safety concerns in light of the ongoing pandemic. In some cases, employees may even refuse to return to the workplace during this worrying time. The coronavirus presents a unique and unprecedented context for existing health & safety rules, which require employers to take […]
Do you have to offer a redundancy appeal?
The redundancy process should be fair at each stage to minimise the risk of tribunal claims. To what extent does this extend to a redundancy appeals procedure? The following guide for employers examines the benefits of providing a right to a redundancy appeal and the procedure that should be followed as a matter of best […]
How to develop a redundancy matrix
To avoid unfair dismissal claims, employers are required to follow a lawful redundancy process at each stage, including the redundancy selection procedure. Provided there is a genuine redundancy situation, the first stage will be to consult with affected employees. This will involve ascertaining if there are alternatives to redundancy, including suitable alternative roles. Where redundancies […]
Automatically unfair dismissal
It is a common misconception that an employee can be dismissed without the need to provide a fair reason and follow a fair process, as long as they have not yet accrued two years’ continuous service with their employer. On the contrary, however, there are certain circumstances in which a dismissal may be classed as […]
How to write a redundancy letter
Employers have to act fairly and lawfully when making employees redundant. Communication with affected employees will be critical as you move through the redundancy process, to update employees, meet your legal obligations and avoid the risk of tribunal claims. Role of the redundancy letter Written notices will typically be needed to notify and inform employees […]
Gross misconduct & fair dismissal
Gross misconduct refers to conduct, actions or behaviour from an employee that is sufficiently serious to justify instant dismissal. Responding to allegations of gross misconduct and taking disciplinary action against an employee is fraught with legal risk. While it may be instinctive in some circumstances to dismiss an employee immediately as a result of gross […]
Dismissing an employee fairly
Dismissing an employee is sometimes unavoidable, either because an individual is behaving badly or underperforming at work, or the business simply cannot afford to maintain its current levels of staff. As an employer, even where you have a clear and legitimate reason for letting someone go, it remains important that you approach any dismissal in […]
