There are procedures in place which affect both employers and employees. It is important that you receive advice before terminating employment. If you are an employer, failure to follow the correct procedure can result in a Tribunal finding that an employee has been automatically unfairly dismissed. This is regardless of whether or not the decision to dismiss was one a fair and reasonable employer would have made in any event. Both small and large businesses are equally at risk of potential employment claims, regardless of their size, if they fail to follow the procedures in place.
If you are considering dismissing a member of your workforce, you should seek independent legal advice. Dunn & Baker can assist you in attempting to ensure that firstly a disgruntled employee does not make a claim, or if that cannot be avoided, that you have ensure that you have taken all the necessary precautions to avoid an automatic unfair dismissal decision being upheld.
Alternatively, if you are an employee who has concerns with the manner of a proposed dismissal, and in particular you consider that procedures are not being followed, you should seek independent legal advice. Dunn & Baker can assist you with advising you as to whether you have a claim that is worth pursuing in an Employment Tribunal.
Try our Employment service and contact:-
Lizzy Bowman - L.Bowman@dunnandbaker.co.uk
George Palmer - G.Palmer@dunnandbaker.co.uk
Kathy Trist - K.Trist@dunnandbaker.co.uk