Dismissing an employee with less than 2 years’ service
When dismissing an employee with less than 2 years service, it will be important for employers to be aware of the potential legal pitfalls. While in most cases of employment under 2 years, the employer does not necessarily need to justify their decision to dismiss, or even follow a fair procedure, there are many reasons […]
Unfair dismissal & zero hours contracts
While zero-hours arrangements can bring flexibility and agility to an organisation, employers should be aware that those individuals engaged on zero-hours contracts do benefit from a range of employment law protections. These include rights and entitlements relating to pay, paid annual leave and rest breaks. Furthermore, individuals on zero hours contracts may also have the […]
Redundancy when pregnant: fair dismissal?
According to studies conducted by the Equality and Human Rights Commission, and the Department for Business, Energy and Industrial Strategy, it is estimated that over 50,000 women could be losing their jobs each year because of pregnancy or maternity – and this was prior to the pandemic. With reports that the number of women seeking […]
What are fair redundancy selection criteria?
The role of redundancy selection criteria is absolutely crucial in ensuring that any redundancy process is fair and lawful. The following guide focuses on how to choose and apply the most appropriate redundancy criteria for your company or organisation, including the risks for employers of getting this wrong. Identifying your pool for selection If you […]
How much is ill health severance pay?
It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. 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 process. Handling the […]
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 termination […]
Suitable alternative employment: HR help!
One aspect of the redundancy process that employers can find challenging in practice is the requirement to offer suitable alternative employment to employees at risk of being made redundant. An employer undergoing a redundancy exercise must offer suitable alternative employment to any employees who are at risk of redundancy if such a position is available […]
Termination of employment: how to dismiss?
By law, to fairly dismiss an employee you must show that you have a valid reason that you can justify and that you acted reasonably in all the circumstances. Under section 98 of the Employment Rights Act 1996 (the 1996 Act) there are various valid reasons for terminating employment. These include: Redundancy Conduct or Capability […]
Last in first out: fair redundancy?
When making redundancies, part of the requirements on employers is to ensure fair selection criteria are identified and used so as to avoid acting unfairly and unlawfully. The ‘last in first out’ method was once one of the most common ways of selecting employees for redundancy, but does it remain a valid and lawful way […]
Redundancy consultation period: HR advice
Specific processes and rules apply if your business is having to make employees redundant. These determine how you should consult with workers that may be affected and how long the redundancy consultation period needs to be. Get the process wrong, and as an employer, you could face costly tribunal claims for unfair dismissal. What is […]
