Wrongful Dismissal (Employer Guidance)

Legal issues surrounding the dismissal of an employee can quickly become costly and difficult to resolve. Wrongful dismissal claims present a specific set of challenges but are often confused with unfair dismissal. It’s important for employers to understand the distinction between these two types of dismissal, and what this means for avoiding and handling wrongful […]

Redundancy Bumping & Fair Dismissal

redundancy bumping

When dealing with redundancies, employers have to meet specific requirements to ensure the fair and lawful dismissal of employees. This includes having a genuine reason for any redundancy and following the correct redundancy procedure. Redundancy bumping is a specific and complex aspect of the redundancy process, which employers should give full consideration to when making […]

What Are Fair Redundancy Selection Criteria?

redundancy selection criteria

The role of redundancy selection criteria is absolutely crucial in ensuring that any redundancy process is fair and lawful. The following guide focuses on how to choose and apply the most appropriate redundancy criteria for your company or organisation, including the risks for employers of getting this wrong.   Identifying your pool for selection If […]

Notice Pay For Furloughed Workers?

notice pay furloughed workers

If employees have agreed to accept 80% of their salary while on furlough, is their notice pay also paid at 80%, or does it revert to 100% under the usual employment law rules? As a result of the COVID-19 pandemic and the ability to furlough workers under the Coronavirus Job Retention Scheme, various legal issues […]

How Much Is Ill Health Severance Pay?

Ill-health severance pay

It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. Handling the […]

Zero Hour Contract Notice Period (HR Guide)

zero hour contract notice period

Notice periods can be difficult to navigate, particularly in relation to zero-hours contract workers. It is important for employers to remember that in spite of the flexibility a zero-hours arrangement can bring to your organisation, the employees who work for you in this way are nevertheless entitled to rights relating to pay, annual leave and […]

Holiday Pay on Termination of Employment

Holiday Pay on Termination 
of Employment

Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints.   What are the rules on holiday pay on […]

Termination of Employment (How to Dismiss?)

termination of employment

By law, to fairly dismiss an employee you must show that you have a valid reason that you can justify and that you acted reasonably in all the circumstances. Under section 98 of the Employment Rights Act 1996 (the 1996 Act) there are various valid reasons for terminating employment. These include: Redundancy Conduct or Capability […]

Last In First Out (Fair Redundancy?)

last in first out

When making redundancies, part of the requirements on employers is to ensure fair selection criteria are identified and used so as to avoid acting unfairly and unlawfully. The ‘last in first out’ method was once one of the most common ways of selecting employees for redundancy, but does it remain a valid and lawful way […]

Redundancy Consultation Period (HR Advice)

redundancy consultation period

Specific processes and rules apply if your business is having to make employees redundant. These determine how you should consult with workers that may be affected and how long the redundancy consultation period needs to be. Get the process wrong, and as an employer you could face costly tribunal claims for unfair dismissal.   What […]