Employers deciding whether to dismiss a disabled employee who is on long-term sick leave should ensure they consider a part-time return to work, particularly where this is the advice of the employee's GP and/or other medical professionals. If they don't, they risk a disability discrimination claim, a recent ruling makes clear.
Employers should treat an employee who successfully appeals a dismissal under its contractual disciplinary procedures as having always remained in employment. However, they should take care not to do (or fail to do) anything during the appeal that could be treated as grounds for the employee to resign and claim constructive dismissal.
Employers will welcome confirmation that a dismissal for gross misconduct can be lawful if there is no one act that amounts to gross misconduct on its own, provided there is a cumulative series of acts which, taken together, undermine the duty of mutual trust and confidence between employees and employers.
The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact email@example.com.
This chapter covers the termination of employment and includes: types of termination; avoiding unfair dismissal; wrongful dismissal; constructive dismissal; rights of redundant workers including statutory redundancy payments.
This chapter on employment covers the difference between employees and contractors, terms of an employment contract, termination of employment , wrongful dismissal, unfair dismissal and redundancy.
Dictionary of human resources and personnel management
Dictionary of terms used in Human Resources and personnel management. Also contains letter and policy document templates.
Letting people go: the people-centred approach to firing and laying off employees
Guide to firings and layoffs from a US perspective.
Court rules employers are liable for lost pension rights
The Court of Appeal has ruled that British employers could be liable to pay pension contributions to employees who are wrongly dismissed.
Honeywell's CEO on how he avoided layoffs
David Cote, the chief executive officer of consumer goods company Honeywell, discusses his financial strategy for his company during the 2008 economic crisis.
Shares for rights changes could cost employers more
The government's Growth and Infrastructure Bill allows employers to let staff swap some of their employment rights for shares in their organisation - but there could be costs involved in implementing the scheme.
Making staff redundant
Guidance from GOV.UK covering lay-offs, staff consultations and redundancy pay.
Calculate your employee's statutory redundancy pay
GOV.UK calculator for employers to work out payments based on age, weekly pay and number of years service.
Information on consultations, selection criteria, redundancy notice, and redundancy payments.
Handling large-scale redundancies (Acas)
Advice booklet with case studies and tips for managing the psychological impact of redundancies.
Handling small-scale redundancies (Acas)
Tool for small firms and team managers where fewer than 20 staff are at risk of redundancy. Includes examples of real-life business situations and frequently-asked questions.
Factsheet from the Chartered Institute of Personnel and Development (CIPD) focusing on the legal position, managing redundancy and survivor care. Registration is required to read the full factsheet.
Can't find what you are looking for?
If you're having trouble finding the information you need, ask the Library & Information Service. Contact us by telephone on +44 (0)20 7920 8620, by web chat or by email at firstname.lastname@example.org.