#GEARINGFORGROWTH2022: Avoiding Claims for Unfair or Constructive Dismissal

In partnership with FSB.

Constructive Dismissal – this is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. The employee is entitled to treat him or herself as having been “dismissed”.

Unfair Dismissal – this is where an employee’s dismissal could be deemed unfair if the employer does not have a good reason for the dismissal or didn’t follow the company’s formal disciplinary or dismissal process.  There are a whole host of examples of where a situation could be deemed as unfair.

A small businesses owner, who is ‘all things to all men’ on a daily basis, does not necessarily have the training and knowledge needed to avoid claims such constructive or unfair dismissal and might not even be aware that they are committing a breach in law which gives rise to such complaints.  The employment contract is the most important document in the employment relationship because it contains (or should contain) all the essential details of the employer and the employee’s rights and obligations to each other.

Getting it right first time matters!

A well-written employment contract, together with accompanying guidance, should also help to protect an employer from unintended legal consequences; for example, where employment law interprets contracts to mean something other than what the employer may have intended.

A well written contract should also be accompanied by an employee handbook which should contain policies around such things as grievance and disciplinary procedure, use of company equipment, a confidential information policy, outside business interests, to name but a few.

This will be outlined to delegates, with a broad overview of the type of information these types of documents should contain.