Internal Procedures & Dismissals
The implementation of fair and appropriate internal procedures is central to the facilitation of smooth working relationships and the management of any disputes or issues which arise. The most common claim arising from failure to apply fair procedures is for unfair dismissal, the maximum award for which is currently £95,585 (a compensatory award of £78,335) or 52 weeks' pay whichever is the lower. As a result, preparation is time well spent. Other claims, such as those for whistle blowing and discrimination, are uncapped, and can be substantial.
We can advise on fair procedures to be used whenever employment issues arise. These may include performance or conduct improvement plans, and we can help organise and manage this process.
We have particular expertise in advising on ill health issues, whether with regard to recurrent short-term absences or long term absence, and whether or not an employee is "disabled" and protected by anti discrimination legislation, or has permanent health insurance cover. If an employment relationship simply is not working, or in the event of redundancy, we advise on appropriate disciplinary/dismissal procedures. We provide guidance on implementation of the Acas Code and the obligations on employers to follow a fair procedure according to the circumstances of each case, to help avoid successful claims. We deal with dismissals of directors and employees at all levels and help conclude compromise agreements and severance packages with very substantial value or at more modest levels.