Employment Law

Employee exit procedures

Disciplining or dismissing somebody is never a pleasant process regardless of the size or nature of your organisation. It's important that the HR function has the reassurance that the steps they are taking are fair and are justifiable whatever the outcome. We can provide the support and advice needed to do just that. In these circumstances it's always easier and less stressful if proper procedures are in place and implemented correctly and fairly. There is also much less likelihood of facing tribunal claims for unfair treatment, if staff can see what is expected of them and can see the rules being applied across the company.

We can support you as an employer to put your exit procedures into practice e.g. disciplinary and performance management, redundancy and TUPE.

Typically, we would:

  • Prepare process documents setting out timelines and steps to be followed based on statute best practice and your policies
  • Prepare meeting scripts for managers (for example, in a redundancy situation)
  • Prepare letters for employees following up from meetings and advising next steps
  • Prepare termination documents should the employment come to an end

We'll support you throughout the process answering queries as they arise about the process, employee rights, timescales and implementation.

Often smaller businesses don't have the levels of management required to keep each stage in the process independent. In this case, we can attend meetings with employees to support management and assist with disciplinary investigations.

Remember, even if your company has well prepared, fair and compliant policies but fails to implement them fairly or not at all the fact that the policy or contract exists will not save you if a claim arises. Even with everything in place, you still need to ensure proper implementation.

Settlement agreements
These are generally utilised where there is a risk to you, the employer of an employee bringing a claim. The agreement will provide some benefit to the employee such as an additional sum of money or more favourable exit terms in return for their confirmation that they will not exercise any of their rights to bring a claim against your company. We can prepare the agreement and negotiate with the employee's advisor to agree a settlement that's acceptable to both parties.

Tribunal claims
Whilst we will do all we can to protect you from claims, it is possible that at some stage you will be faced with one. As a company defending an employment tribunal, we know the challenges ahead of you and we deliver cost effective and commercially-focused advice to provide support to you as a business. For more information on our pricing, please click here.

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