The following Employment Q&A provides comprehensive and up to date legal information covering:
In most cases, once an employer has decided that he no longer wants to retain a particular employee, he will want to dismiss him as soon as possible. Before taking that step, however, the employer should first consider:
what needs to be done in order to minimise the risk of contractual and/or statutory claims, and
what is consistent with good employment practice
In summary, the employer should consider:
the reason for dismissal, and the risk of an unfair dismissal claim if a fair process is not followed
the provisions of the employment contract, including the right to notice and whether there is a payment in lieu of notice (PILON) clause
the protections the employee may enjoy against discrimination or other prohibited conduct under the Equality Act 2010 (EqA 2010), relating to any protected characteristic
other relevant statutory entitlements, such as the minimum period of notice and the right to a written statement of reasons for dismissal
whether any regulatory requirements apply, eg Prudential Sourcebook for Investment Firms (IFPRU) Remuneration Code provisions relating to termination payments in the financial sector
other relevant issues, eg references, announcements, whether the employee is a director, rights under bonus, commission or employee share schemes
the need to protect business interests
whether there are potential claims that could, and should, be settled
The employer will need to make sure all relevant information
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