Find out more about the dismissals process with our selection of articles, links and guides to best practice and regulation.
Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Employers faced with an employee who has been charged with a criminal offence, but who has not yet gone to trial and been found guilty, should ensure they carry out their own investigations before dismissing the employee, to avoid an unfair dismissal claim.
Employers should ensure that it is made clear to employees involved in a disciplinary procedure that they are to pass on all relevant facts of which they become aware to the person making the decision whether to dismiss or not. Otherwise a dismissal risks being found to be procedurally unfair, following a recent legal ruling.
Employers considering a dismissal (or other disciplinary action) should assess whether or not holding a separate investigatory hearing is required in order for the procedure to be fair. A recent legal ruling confirms that such a hearing is only required if it would be reasonable to hold one in all the circumstances.
Employers should consider what adjustments to make to sickness and other policies to reduce disadvantages to disabled employees, and avoid withdrawing reasonable adjustments already made - unless a change in circumstances justifies them doing so or they implement more effective adjustments - or risk claims for unfair dismissal.
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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.
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Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas
. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Acas tool aimed at small firms and team managers, covering steps to take when investigating a discipline issue.
Acas guidance on dismissing employees, including fair and unfair dismissals. Dismissal should be a last resort.
Letter template for employees raising an appeal against being made redundant. Free to download and use.
Acas guidance on key points for employers to consider when terminating an employee's contract.
Guidance for employees on their rights during redundancy.
Most employment rights 'indispensable', says businesses. Survey finds majority want to avoid post-Brexit 'bonfire'
The article reports on the results of a survey to determine what laws employers feel are indispensable, despite Great Britain withdrawing from the European Union. It mentions unfair dismissal laws, minimum wage laws, as well as those laws regarding parental leave.
Mechanic wins unfair dismissal appeal after attack: Case highlights importance of policies and proper investigations, say legal experts.
The article reports on the finding by the Employment Appeal Tribunal in the case of Arnold Clark Automobiles v. Spoor that a former employee was improperly dismissed following a physical altercation with a co-worker. Emphasis is given to topics such as suspension of the employee by the human resources department, the application of disciplinary policies, and following the course of an investigation.
Court rules employees are liable for lost pension rights
The article reports that the Court of Appeal of Great Britain has ruled that employers could be liable to pay pension contributions to employees who are wrongly dismissed
Court rules how to handle ill-health dismissals
The article focuses on an unfair dismissal lawsuit filed against his former employer by a person. Dundee City Council in Scotland dismissed an employee in September 2009 after he was sick for 272 days because of stress and depression. The Employment Tribunal ruled in favour of the employee as it felt that the council did not conduct a thorough investigation into his health
A practical guide intended to help businesses Identify HR risks arising from Brexit and plan for contingencies. Topics covered include supporting EU/EEA/Swiss employees in the UK; higher wage bill from currency fluctuations; reducing staffing to offset increased costs and delays; continuing to operate in the EU; business relocations; and keeping communications open with staff.
A range of resources from the Chartered Institute of Personnel and Development, including factsheets and employment law FAQs.
Guidance for employers and workers on work absences due to COVID-19. It highlights the penalties for asking employees to work somewhere other than where they are self-isolating, when to tell employers if you must quarantine, Statutory Sick Pay, leave, dismissal, redundancy, reasonable adjustments, pregnancy and maternity, and returning to the workplace.
Collection of guidance for employees and additional detailed guidance for employers covering Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, and penalties, disagreements and compromise agreements.
Articles and books in the Library collection
Click on the links below to see our catalogue record and holdings for each item. Please contact us if you would like to borrow a book or request a copy of an article.
Employment law handbook
(The Law Society, 2017)
This title includes chapters on: termination of employment; unfair and wrongful dismissal; dismissal foe whistleblowing; and redundancy.
New unfair dismissal regime
Small Business Tax and Finance, September 2013, p.33-34
A review of the government's efforts at reforming the unfair dismissal regime, assessing their potential impact on employers and employees.
The complete dismissal package: all you need to know about disciplinary procedures, workplace mediation and tribunal claims
(Indicator FL Memo, 2013)
This book aims to cover every intricate detail of the dismissal process, with practical tips for employers and an appendix of sample documents.
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