What are redundancy and dismissal?
An employee could leave the business for many reasons. It could be a personal objective to move on in a career, but sometimes it could be from redundancy or dismissal.
Redundancy is a form of dismissal that you as an employer may utilise when you wish to reduce your workforce. However, your employees have the right to a proper and fair selection process.
A dismissal is a broader term for ending your employment contract with an employee. This must happen under fair and substantial reasons, such as poor behaviours or a breach of contract. However, the dismissal process is not so simple. Your former employee can make a claim against you for ‘unfair dismissal’ if they believe their case hasn’t been heard properly. Therefore, you must take necessary steps before an actual dismissal, such as giving your employee a sufficient verbal and written warning or following the disciplinary procedures of your business.
How can Sharper Labs Legal Team help?
Sharper-Labs Legal Team can ensure that your dismissal is fair and legal according to the ACAS code of practice This not only prevents you from going into a lengthy tribunal but can safeguard your business’s reputation as well. If there is a source of conflict with an employee about his or her dismissal, and you need evidence of your disciplinary procedures, our legal team can help organize and prepare them.
The same applies to redundancy procedures or dismissal during the employee’s probation period. Redundancy is sometimes a necessary choice for the success of your business. However, unknown biases or mistakes could exist when making a selection for redundancy. Sharper-Labs can make sure that the selection has been made without discrimination, and that it has been effectively communicated to the employee.
If an employee has made a claim to an employment tribunal on the grounds of unfair dismissal or constructive dismissal, please take a look at our services for Employment Claims.
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