Dismissal: Shaping New Developments into Solution-Focused Answers for Employers
Solution-Focused, Court-Proven, Answers to 6 of the Thorniest Dismissal Questions Facing Employers: Directly from 6 Top-Rated Lawyers
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Dismissal: Shaping new developments into solution-focused answers for employers
Chaired by Paul Smith of Broadway House Chambers
Paul is an “an exceptional court advocate.” “His knowledge of the the law is encyclopaedic and he provides carefully considered, commercial advice.” He sits as an employment Judge.
How - practically and legally - should you act when receiving repeated, confidential complaints about an individual, with complainants stating, “I don't want you to do anything; I'm just letting you know”?
Answered by Bryn Doyle of Squire Patton Boggs
Bryn is "a pre-eminent lawyer, known for his ability to find solutions to difficult issues." He co-chairs the Manchester Law Society Employment Law Forum and is a member of the Law Society Council.
Although dismissing for gross misconduct could be a stretch, you feel the working relationship is irretrievably damaged - what actions can you take to resolve the situation swiftly and with minimum risk?
Answered by Mary Walker of Gordons
Mary is “highly pragmatic and business-focused, helping her HR clients to understand and work through the risks of any situation.” Clients include Wren Kitchens and Heron Foods.
How do you tackle an ongoing performance situation where mental health (1) appears to be a contributing factor and (2) becomes an actual factor because of the process you set in motion?
Answered by Emma Morgan of Shoosmiths
Emma is "technically excellent, commercial, intuitive and a pleasure to work with." She specialises in discrimination and complex tribunal claims and secures sensational results.
How do you de-risk capability dismissals in long-term sickness absence cases, where (1) OH is sitting on the fence, but a return to work seems unrealistic, and (2) the employee insists on returning but repeatedly and quickly falls sick again?
Answered by Paul Ryman of gunnercooke
Paul is “one of the very best”. "Experienced and excellent”, he stands out for “having a keen intellect with a real eye for detail”. He is often reported in the national press.
What is ‘reasonable’ when it comes to (1) an employee's struggle with executive function and maintaining consistent productivity and (2) behaviours or mannerisms that may be upsetting to colleagues?
Answered by Naeema Choudry of Eversheds Sutherland
Naeema sits as an Employment Tribunal Judge for the Midlands. "She is a seasoned handler of executive exit work and other highly sensitive and contentious scenarios."
What are the golden rules for comparing disabled and non-disabled employees for the purposes of redundancy, where disability-related absences and adjustments may have impacted performance?
Answered by Danielle Ingham of Trowers
Danielle is "a standout rising employment law star." "Approachable, empathetic, efficient." She delivers commercially minded and straightforward advice on all HR issues.
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