Someone said to me yesterday "employment law is such a minefield..." and even as an employment lawyer I would have to agree. times are tough and many employers are having to make difficult decisions about the future of their businesses. So a few top tips to bear in mind. To avoid a costly trip to the employment tribunal, employers should always put staff at risk - give proper written notice that their jobs might be ending. This is usually followed by consultation when both sides should look at any suitable alternative employment within the business which might exist. if there is no possibility for alternative employment, then the employer can proceed to dismissal. if there is more than one employee effected, then the employer should select an employee for dismissal by scoring each employee against each other using fair and objective criteria. Needless to say (or is it!) never never never try to make employees who are protected such as pregnant women/women on maternity leave redundant without getting some advice.
Many employers now choose to side step the process and use a Compromise Agreement where they offer an enhanced redundancy payment in return for the employees agreement not to make any claims in the Employment Tribunal. For further information on this or any other employment issues, contact me on judith@cc-legal.co.uk or 07801 029980.
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