An employment contract may be terminated for different reasons: redundancy, dismissal, resignation, the end of a fixed-term contract and retirement. In each circumstance, the correct procedures must be followed to avoid potential claims.
Or team deals with employment contract termination for a diverse range of clients, giving them advice on their rights and responsibilities and ensuring that the correct processes are followed.
The redundancy process is multi-faceted: employers must go through each stage thoroughly and carefully follow the relevant procedures. Employers need to have a valid reason for making someone redundant and are required to consider whether other options are available, such as reducing overtime or retraining staff to work elsewhere in the organisation.
All affected employees need to be informed in writing that redundancy is being considered and why, whether there are other options, and how the procedure will be conducted. As part of this consultation, any suggestions by affected employees need to be taken into account. Where 20 or more are at risk, a collective consultation procedure must be undertaken which carries significant legal duties.
A pool of candidates must be put together and advised of the selection criteria that will be used. It is mandatory that this complex process be conducted fairly to prevent claims for unfair dismissal.
A fair reason is needed to dismiss an employee, such as conduct, capability, redundancy, or some other substantial reason.
Where dismissal arises because of something the employee has done or not done, reasonable attempts must be made to deal with the situation, unless it is an issue of gross misconduct.
In considering making redundancies or dismissing an employee, our team can advise on the necessary steps to minimise the risk of a claim being made.
We also advise employees who are facing redundancy or dismissal. We ensure that the correct procedure has been followed and, where appropriate, bring a claim for unfair or constructive dismissal on their behalf.