Compulsory redundancy: employer guidance
To ensure the survival of your business you may find yourself forced to make financial cuts, including reducing your payroll liabilities. Alternatively, your organisation may have undergone a complete restructure, or you may have invested in new technology, making certain roles obsolete. Whatever the business driver behind redundancy, employers must in all cases follow a […]
Restructuring and redundancy: employer guide
How should an employer proceed if a restructuring process could potentially involve redundancies? A business restructure does not necessarily mean that redundancies are inevitable, for example, where changes are made for operational rather than for financial reasons. But in some cases, the loss of jobs may be unavoidable. In this guide, we look at the […]
Redundancy process: making staff redundant
When making staff redundant, employers should follow a fair legal process that upholds employees’ rights while protecting the organisation from risks such as unfair dismissal claims. Throughout the process, the employer has to show compliance with the law and that they have exhausted all other options before terminating an employee’s contract through redundancy. In outline […]
What are fair reasons for redundancy?
Redundancy is classified as a potentially fair reason for dismissal, provided that it 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 unfair, the dismissed employee may be able to bring a claim alleging […]
Summary dismissal: fair procedure guide
Dismissing an employee without notice, or payment in lieu of notice, requires employers to proceed with caution, not least to minimise the risk of a claim for unfair or wrongful dismissal. The following guide examines the law relating to summary dismissal, with practical advice on the procedures you will need to follow for the dismissal […]
How to write a dismissal letter
If you are considering dismissing an employee, you will need to know the basis upon which you can lawfully dismiss someone, as well as what procedures to follow to ensure that you do so fairly, including the contents of the dismissal letter to notify the employee of your reasons. Before considering what a dismissal letter […]
Capability dismissal: guide for HR
Capability dismissal refers to an employer terminating an employment contract on the basis of poor performance where they have a reasonable belief that the employee is unable to carry out the duties required of them to the expected standards. Employers are permitted to lawfully dismiss employees by reason of poor performance and capability, but they […]
Dismiss for poor performance: steps to take
Before an employer can lawfully dismiss an employee for poor performance, they must first show they have followed a process to allow the employee the opportunity to improve and meet the standards required in their role. The Acas Code of Practice provides guidance to help employers ensure their obligations towards their employees are met during […]
