- Childcare arrangements and social distancing - The knock-on effects of the global pandemic are huge. This challenging time is particularly hard for separated parents, who may face challenges with maintaining on going childcare arrangements. Some of the problems being highlighted to our offices include: A parent becoming symptomatic and falling into the self-isolate category, being unable to assist with handovers and [...]
- The number of cohabitating couples is on the rise - The ONS (Office of National Statistics) completes UK-wide survey every year. The survey covers a range of demographics including living arrangements. The 2017 survey highlighted that cohabitating couples (couples who live together but are not married) were the fastest growing family type, and the 2018 report confirmed that the cohabitating couple were the second largest family type in the UK. The number of cohabitating couples grew by 3.4 million people from 2017 to 2018.
Termination of Employment and Settlement Agreements
An employee with sufficient (subject to some exceptions) continuous employment has the right not to be unfairly dismissed, which means they can only be dismissed for one of a number of specific fair reasons and the dismissal must be fair in the circumstances.
Some dismissals are also classed as being “automatically unfair”. For some, but not all of these reasons, the employee does not need the minimum period of employment mentioned above.
The disruption to a business along with the potential awards for unfair dismissal can be considerable.
To avoid the risk of an employee pursuing a claim of unfair dismissal following the termination of their employment, you may prefer to agree settlement terms with them instead.
Once terms are agreed, it is important to set these out in a formal Settlement Agreement. This is the only method by which an employee can validly give up their statutory employment rights. A Settlement Agreement is a written document that contains specific terms and the employee must take legal advice on the terms and effect of the proposed agreement. Normally, therefore, the employer also agrees to pay a contribution towards the employee’s legal costs for this advice.
We can advise you on how to minimise the risk of a claim of unfair dismissal and, where appropriate, prepare valid Settlement Agreements setting out agreed terms.