It is an unfortunate fact that nearly all employers will have to deal with the termination of an employee’s employment from time to time.

We regularly advise employers on:

• Dealing with disciplinary issues fairly, and effecting fair dismissals after following a disciplinary procedure where there is persistent misconduct or gross misconduct
• Dealing with poor performance with performance improvement plans and procedures, and effecting a fair dismissal where performance does not improve
• Dealing with frequent or long term sickness absences using a capability procedure and dismissing fairly where the employee is incapable of performing their duties due to illness
• Dealing with other workplace problems, such as complete breakdowns in relationships, and effecting a fair dismissal for “some other substantial reason” (SOSR)

It is also often the case that an employer may wish to terminate an employee’s employment for other reasons - perhaps because relationships have become strained or because an employer doesn’t see a particular employee as part of the future of the business. Or it may be the case that an employer simply wants to avoid the inconvenience of a protracted, formal procedure, the risk of an unfair dismissal claim or adverse publicity when dealing with an employment issue. In such circumstances we can provide pragmatic advice regarding:

• The potential use of a settlement agreement to terminate an employee’s employment and remove the potential risk of a claim;
• How to hold discussions about termination of employment via a settlement agreement;
• Dealing with subsequent negotiations
• Advising on the appropriate terms of settlement

For further advice, please contact a member of our Employment Law team. Girlings has offices in Canterbury, Ashford and Herne Bay.