Understanding different types of dismissal: an employer’s guide
It is always disappointing when an employee does not perform as anticipated...
As an employer, dismissing employees is not without its problems. Even if the dismissal was for one of six potentially fair reasons: conduct, capability, redundancy, breach of a statutory enactment, some other substantial reason or retirement, you could still face the possibility of a claim for unfair dismissal.
You can avoid this by asking the employee to sign a settlement agreement (formerly called a compromise agreement). This waives their right to make an employment tribunal claim in exchange for payment of an agreed sum of money.
Even if your employee has raised a number of claims, they can all be settled in a single settlement agreement, proving far more cost-effective than having the worry and expense of defending an employment tribunal case.
Our expert employment law solicitors in Stoke-on-Trent can negotiate the terms of the agreement and the amount of the payment with the employee on a ‘without prejudice’ basis on your behalf.
We will also ensure you have warranties from the employee about disclosure of confidential information, returning company property and their future employment partners.
Our EmployerAssist service could provide you with further peace of mind, giving you a dedicated helpline to our employment law specialists, a bespoke annual audit, access to our database of contracts and policies and regular updates at a fixed monthly cost.
Based in Stoke-on-Trent, Staffordshire, our specialist employment solicitors offer independent legal advice and representation on all types of employment law problems. To find out more, contact us on 01782 577000.
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