Guide
How to Manage an Unfair Dismissal Claim
Let’s take a look at how to comply with the new laws on unfair dismissal, and how to manage a claim raised against your business.
- Dismissal
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
UK law states you need to issue a letter at each stage of your procedure, and employers who forget or get their letters wrong risk unfair dismissal claims!
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Redundancy rules might seem trivial while a pandemic hurtles across the globe.
But employees get the same employment rights throughout the COVID-19 outbreak. So, if you need to reduce your workforce, you must stick to standard redundancy procedures.
This can call for redundancy legal advice.
A crucial part of redundancies is the letters you give staff to update them on the process. UK law states you need to issue a letter at each stage of your procedure, and employers who forget or get their letters wrong risk unfair dismissal claims.
So, when should you write a letter? And how can you protect yourself from strict legal action?
Let me explain.
A redundancy letter is a written document that you hand to your employee during a redundancy process.
It needs to explain the latest updates on job losses in your business and warn how the employee’s role might be affected.
You can send your employees as many letters as you like. But there are three main letters you should hand to someone who loses their job:
Let’s take a closer look…
Your first letter should explain to the employee that you may have to make redundancies, and that their role is at risk.
You need to give a fair reason, such as the impact of coronavirus on your business. You can’t make someone redundant without a fair business reason. Otherwise, you could face a hefty tribunal claim.
The letter should also give details about how you’re going to try and avoid job losses, and when to expect a consultation.
Your next letter should invite the employee to a consultation at a specific time and date.
It needs to explain the purpose of the meeting, which is usually to tell the employee about the potential job loss and get their input on ways to avoid it.
The letter should also mention how you’ve selected people for possible redundancy (but you can explain this in more detail on the day).
If you offer any support services, such as an employee assistance programme, you should encourage your employee to use them now to help them prepare for the worst.
Your final letter should tell the employee that they’ve been chosen for redundancy and give them notice that their employment is ending.
It needs to include:
This is an especially tough letter to write. Not just because it makes someone’s job loss official, but because of the legal risks it brings.
Fortunately, there is a way to get an expert to craft watertight redundancy letters for you…
Rightsize from Peninsula pairs you with an HR consultant who builds a redundancy process that cuts out costly legal errors.
Your expert writes all your paperwork and even consults with your staff to make the process as easy as possible. And as always, you get 24/7 access to HR advice to help you instantly solve urgent issues.
Learn more about how Rightsize helps to keep your business safe during redundancies. To book your free consultation, call 0800 028 2420 today.
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