Redundancy and Dismissal: Hints, Tips and Solution-Focused Answers for Employers

Tue 21 November 2017

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 17 Thorny Questions: Directly from 8 of the UK's Most Sought-After Lawyers

5 hrs CPD

This conference is now fully booked.

Next available date:
Thu 7 December 2017

New Date


  1. Registration and coffee

  2. Chair's Introduction

    Redundancy and Dismissal: Hints, Tips and Solution-Focused Answers for Employers

    Chaired by: Sarah Keeble of Mishcon de Reya

    Sarah is immensely experienced, a great communicator and at the forefront of developments. She acted in the landmark Grant Hogben litigation over unfair dismissal and age discrimination.

  3. ​Fraudulent sick leave

    How do you lawfully evidence when an employee is taking fraudulent sick leave, i.e. pulling a sickie?

    Can you rely on a Facebook screen-shot of an employee actively partying or playing sport as evidence of misconduct and grounds for dismissal?

    Answered by: David Whincup of Squire Patton Boggs

    David is a "leading light" and gifted public speaker and Heads the London Employment Practice. He always gives far more than is required when assisting his clients. "He seems to know everything".

  4. ​Stress and performance

    How do you manage an employee whose stress is driven by underperformance?

    What if the stress is causing frequent short-term absences?

    Are you expected to tolerate the underperformance so as not to exacerbate the illness?

    Answered by: Mark Landon of Weightmans

    Mark takes a "creative approach to problems, and is especially helpful if you have something a bit tricky to deal with". He is a trustee of the "Changing Faces" disability charity.

  5. Morning coffee

  6. ​Redundancy selection

    In a redundancy selection process, must you put everyone at risk if your objective test clearly identifies who should go?

    How do you balance (1) objective factors, (2) the outcome of HR selection exercises and (3) management assessment?

    Answered by: Gareth Brahams of Brahams Dutt Badrick French

    Gareth is renowned for taking on and beating some of the largest employers and LLPs in the world. He is "flawless as a lawyer - exceptional in every respect".

  7. ​Previous warnings

    At an appeal, what do you do if an employee argues that a previous warning was given in bad faith (even though they never argued this at the time)?

    What if an employee resigns and claims constructive dismissal because of events that happened more than 6 months ago?

    Answered by: Emma Burns of Hugh James

    Emma is "superb when making a call on the grey areas of employment law". She is particularly skilled at handling complex unfair dismissal claims. She is a Trustee of Breast Cancer Care.

  8. Over-run

  9. Lunch

  10. Disability and capability

    What are you to do with a disabled employee, if you've adjusted his or her work-pattern but attendance or performance is not improving?

    How long must you wait before (1) reviewing the arrangement or (2) dismissing the employee?

    Answered by: Paul Fontes of Eversheds Sutherland

    Paul is regularly quoted in The Times, Thomson Reuters, Bloomberg, The Lawyer and Legal Week. "He looks beyond the immediate question to ensure there are no hidden issues facing clients".

  11. ​Redundancy consultation

    What are the "red lines" of bad practice when handling a redundancy consultation, beyond which the entire process is invalidated?

    What if an employee suggests you have been insensitive or careless?

    Answered by: Sarah Henchoz of Allen & Overy

    Sarah is "truly exceptional and insightful"; "the person you want when dealing with a complex matter". She worked with Deepmind Technologies on the employment aspects of their sale to Google.

  12. ​Disciplinary investigations

    In a disciplinary investigation, if your role is to advise but not alter decisions, what do you do when an investigating manager's recommendations for further action are just wrong or don't fit the allegations?

    Answered by: Paul Strelitz of Hardwicke

    Paul is "an excellent advocate - impressing with his forthright advice and clarity of expression”. Clients include Cambridge colleges, local authorities, top 10 accountants and FTSE 100 companies.

  13. Over-run

  14. Close of Conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500