Just under 104,000 claims were accepted by the tribunal for the year ending March 2020, however we are starting to see a significant increase with an 18% rise on the first quarter of 2020 compared to the same period in 2019.  

All Employment Tribunal decisions are in the public domain and losing a tribunal can be a PR nightmare for businesses. 

We can ensure that you have the correct policies in place, ones that are legally compliant but that also suit the culture of your business. We can help you introduce these to your teams and into the workplace, we can help educate your managers on the processes and we can guide you through any situation you are currently facing to minimise the risk of challenge and litigation.

Some employers also take the view that if an employee has been with them for less than 2 years’, as they have no unfair dismissal rights then they are entitled to end their employment, without a process or giving reason. Our advice is that there are risks with any dismissals including those who have less than 2 years’ service. There is still legislation in place which may mean that as an employer, you may find yourself facing a costly and stressful legal challenge. We would urge any employer looking to terminate employment of any employee regardless of length of service to seek advice before proceeding.

Call us now to discuss any potential dismissals

What about long term health issues and sickness related absences?

As a business owner you will have undoubtedly come across short term and long-term employee absences. Some issues with health can have a detrimental effect on an employees’ ability to carry out their job.

This can have a knock-on effect on the functionality of a team; effectiveness, productivity, morale and stress which will make managing the business more difficult.

As an employer, you may be empathetic to the situation of the employee and at some stage either you or a member of your management team will have to have a conversation with them. This can sometimes be tricky and difficult and isn’t without risk of litigation should you get it wrong. You can manage sickness absence and long-term sick and dismissal is possible because of it but, there are a number of processes you should follow before taking this action.

We can help ensure you have the correct poilcies in place, we can guide you through the process, we can even coach you on the conversation or, be there and support with that conversation.  We can assist with obtaining GP reports, engaging occupational health or vocational rehabilitation report and discuss the options and implementation of proposals following such reports.

If you have any questions on how we can help guide you through this complex area simply call or email us and we’ll discuss next steps.

There are lots of other scenarios in which Settlement Agreements are genuinely useful however, as an employer, it is important that you don’t start to see them as a short cut and easier way to exit an employee from a business. Not all employees are interested in entering into the agreement. There is a time and place for them, don’t let it become part of your culture.

Some examples of when Settlement agreements can be useful:

• Exiting a senior employee – a redundancy process or disciplinary can be more tricky to navigate with a senior employee. It can be more amicable for both parties to agree to enter into a Settlement Agreement.
• Dealing with on-going poor performance or employees who are poor fit with your company – there are times when an employee may not do enough to justify disciplinary action but they may take up too much management time, may be scraping by in terms of results and may also be disruptive. In these circumstances, paying to make the problem go away via a Settlement Agreement may make financial sense.
• You’ve just got it wrong – rarely intentionally but just sometimes as an employer you may get it wrong. These things happen. As an employer, you can either wait to see if the employee brings a claim (they may have intimated as much) or, you can try to reach a Settlement Agreement with the employee in recognition of your error.
• Enhanced redundancy pay – if you want to offer an individual an enhanced redundancy payment (more than their contractual entitlement) then using a Settlement Agreement can be a good option.

There are strict legal requirements regarding the form that the Settlement Agreement takes and, you need to follow the correct process before you even have the conversation with the employee. As an employer it is also imperative that your timing is right and, you are on the front foot.

A Settlement Agreement has a number of requirements that need to be met for it to be a legally binding document.  You should always seek expertise HR / Employment Law advice to guide you through the entire process from pre-negotiations through to the signed Agreement.  Absolute Works have a team of experts well versed in this area, don’t hesitate to call for support.