There are a number of reasons why you may need to let a member of staff go. Seeking advice from an experienced solicitor minimises the risk to your business and can save you the stress and headache. Our employment team has years of experience, advising clients on these very issues, guiding them through the process so they can focus more on running their business. Whatever your circumstances, our team can help.
Ending an Employment Relationship
It is vital that you follow the correct procedures.
- Business Transfers and Outsourcing TUPE
- Protected Conversation
- Redundancy and Restructuring
- Settlement Agreements
- Unfair Dismissal
If the circumstances of your business change, leading to a transfer or restructure of business, it is likely you’ll have to adhere to the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). TUPE imposes a number of technical and administrative obligations on organisations which can result in significant financial penalties if ignored. We are experienced at advising on these types of issues and can guide you through all these issues helping you comply with your obligations or give you ideas of how to achieve your objectives commercially so that TUPE doesn’t stand in your way.
A protected conversation is a means by which an employer can initiate pre-termination negotiations with an employee, where the usual ‘without prejudice’ protection does not apply. This offers employers the opportunity to explore a potential exit in a wider set of circumstances and it’s often a useful tool when it is likely that amicable exit terms can be agreed quickly.
The prospect of embarking on a redundancy process can be daunting for some employers both from an employee relations perspective, and the fear of getting it wrong and facing potential employment tribunal claims. Our team can guide you through the process, so it’s done correctly and minimises the risk to the company.
A settlement agreement is a legally binding contract made between employer and employee used to end a dispute. Once this agreement has been signed, the employee waives their right to bring any claims against you (the employer). Properly drafted, these agreements are legally binding once both sides have had independent counsel to negotiate and review terms. In the majority of cases, a settlement agreement will hold advantages for you and the employee – a compromise to avoid an employment tribunal.
In order to minimise risk it is vitally important to follow the correct procedure if you need to dismiss an employee. By working with our employment team we can ensure that your reasoning and decision to dismiss the member of staff can stand up to scrutiny. By providing you with commercial advice our aim is to get you the best possible outcome while taking into consideration all circumstances. If you have previously fired someone and they are bringing a claim of unfair dismissal we’re here to support you too.
