Avoid liability for unfair dismissal or unlawful discrimination. Let our employment law specialists join your redundancy consultation meetings, disciplinary, grievance or capability hearings in the role of supporting external HR Consultant.
Even if an employer dismisses an employee for a potentially fair reason they can still find themselves liable for a procedurally unfair dismissal for all sorts of reasons. For example, they may dismiss by reason of conduct when it should have been for capability. (This happened in one case when an alcoholic employee was dismissed for misconduct and the tribunal deemed it unfair because he should have been dismissed for capability).
Or a line manager may inadvertently indicate to the employee at the start of the procedure that he or she is clearly guilty, incapable or unfit for work. This could leave the employer exposed to the accusation that the process was tainted by bias and unfair from the outset.
Or, if the employer’s final decision is not consistent with those made in the past, employees could argue that unlawful discrimination was the real reason for that decision be it a disciplinary sanction, a dismissal, a rejection of their grievance or flexible working application, or a refusal to make reasonable adjustments.
For a Fixed Fee we can help you avoid these potential pitfalls by:
- helping you gather evidence pertinent to the situation;
- drafting the letter inviting the employee to the hearing and setting out the evidence gathered so far;
- attending the hearings with you or your manager in the role of external HR Consultant;
- drafting the letter summarising the outcome of the first hearing and inviting the employee to a second hearing is appropriate;
- attending future meetings/hearings as required;
- drafting the outcome letter;
- drafting the response to any appeal letter.
We can also help you initiate “without prejudice” negotiations at any appropriate or advantageous point in the procedure with a view to reaching a Settlement Agreement.