Dismissals & Tribunal Claims: Everything Employers need to know
In this article, Employment Expert & Associate Chris Dobbs looks at dismissals and tribunal claims.
Advice for business
Even in businesses which have up to date employment policies and HR procedures, Managers and non HR-staff can run into problems when they are faced with issues as they arise.
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Training for the management team, as well as for those who work within HR, can make a real difference to the way in which difficult situations are dealt with. As experienced employment lawyers, we can give legal advice directly to the people who are faced with handling employment issues, which can bring tremendous improvements in communication and morale as well as minimising the risk of claims to the business.
Our employment solicitors will work with you to create bespoke training courses on the topics you require, with reference to your own internal policies and procedures. Our specialists will then deliver the session at a venue of your choice and featuring interactive exercises to enable practical learning. All delegates will also be provided with a ‘workbook’ they can take away with them, containing detailed notes on the session.
We can offer training courses on:
Contact us if you would like a free initial appointment to discuss your training requirements.
We have bright, modern and accessible offices in Christchurch and Ringwood, but our excellent IT systems allow us to work with clients from all across the country.
All new clients can have a free initial meeting with one of our bright experts. These can take place over a coffee at one of our offices, by phone or video conference. Call us on 01202 499 255 or fill in the get in touch form on this page to arrange yours.
Frequently Asked HR Training Questions
Can I employ EU workers after Brexit?
Yes, absolutely, but EU nationals will no longer have the automatic right to check by virtue of the freedom of movement. If staff are being recruited from the EU and are arriving in the UK after the end of the transition period (1 January 2021) they are subject to the same immigration rules as everyone else.
Employers are under a legal duty with civil and criminal penalties for employing someone without the right to work in the UK.
What is the EU settlement scheme?
This is the process by which EU nationals resident in the UK prior to 31 December 2020 can apply for either ‘pre-settled’ and/or ultimately ‘settled’ status in the UK. It is an immigration scheme, not an employment one, although obtaining either status does give an individual the right to work in the UK.
‘Pre-settled status’ is an interim position as full settled status requires 5 years’ continuous residence. The pre-settled status allows individuals to remain living and working in the UK for up to 5 years, thereby allowing them to reach the threshold to apply for full settled status at a later date.
When is redundancy unfair?
Paul Burton says: "An employer is only obliged to be fair in all its decision-making processes which result in a dismissal including in redundancy situations. The consideration of reasonable alternative roles is particular to redundancy situations and may go to the fairness of the redundancy itself but not the resultant dismissal."
Read the full article on unfair dismissal and redundancy here.
Long COVID: What do employers need to do?
It is probably safest to assume that Long Covid could be within the definition of a disability when making workplace decisions and to act accordingly. In most cases this will mean:
What is the 'statutory defence' to discrimination claims?
S109(4) of the Equality Act introduced the so-called ‘statutory defence’ to discrimination claims. If an employer ‘took all reasonable steps to prevent’ the discriminatory conduct they will not be liable for the offending behaviour.
Reasonable steps are likely to include:
· Appropriate and up-to-date polices in relation to harassment and bullying, communications and diversity and equal opportunities;
· Ensuring staff are aware of those policies and receive relevant training;
· Effective management of grievance and disciplinary processes where unlawful conduct occurs
Problems will arise where businesses may have such policies and training in place but there it is outdated or ineffectual.
For further guidance, please contact our experienced Employment Team here.
What is an employment settlement agreement?
Settlement Agreements are legally binding contracts which are signed between an employee and employer. They settle claims which an employee may have arising from their employment such as pay claims or discrimination, or claims following termination of employment such as unfair dismissal.
Usually but not always, settlement agreements will involve a payment by the employer in exchange for the employee agreeing not to bring proceed with any legal claims they may have.
Compromise agreements is just an older name for what was basically the same thing until 2012. There were some slight differences in the regulations which mean that some (increasingly rare) claims still have to be dealt with under the old compromise regime.
Read more here.
How do I strike a balance between free speech and freedom from discrimination in the workplace?
Unless and until a case is heard to the contrary, the general rule of thumb seems to be that an individual is free to hold a belief and even to express it providing that doing so does not infringe on the rights of another person.
This position is clearly unsatisfactory as it requires not only judges but also employers to undertake a balancing exercise of the two rights.