Whether you are terminating a short fixed term employment contract or a long serving employee as a result of redundancy, it is key that the right advice is sought. All terminations carry risk of an employment tribunal claim, albeit the risk varies with each termination.
Employment can only be terminated for a small number of reasons. These reasons include capability, performance, misconduct and redundancy. Without the right advice in respect of process (including employee investigations) and having a fair reason for dismissal, an employer could face a successful employment tribunal claim, with the most common claim being unfair dismissal.
Sometimes an employer will wish to introduce a settlement agreement during the termination process. We advise on whether it is possible to do this, including whether there are any Equality Act 2010 considerations such as maternity action rights, disability discrimination claims (including neurodiversity) in addition to unfair dismissal.
During a stressful termination process, sometimes an employee will produce a letter of resignation. We regularly advise employers how to respond to a letter of resignation and whether the termination process should be concluded in any event.
If you are terminating employment for any reason, Ed and his team will guide you through the process and undertake a risk assessment for you regarding the risks of employment tribunal litigation in the future.