Capability or qualifications dismissals

New and updated

• Type:

  Employment law manual

  Unfair dismissal

  Updated to reflect the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2021.

• Date:

  17 February 2021

  Type:

  Editor's choice

  Settlement discussions: Example structures for pre-termination negotiations

  XpertHR's Policies and documents tool has been enhanced with the addition of example structures of initial settlement discussions related to performance, conduct and redundancy, as well as sample letters to follow up such discussions.

• Type:

  Policies and documents

  Example structure of initial settlement discussion during performance improvement procedure

  An example structure for use when holding an initial settlement discussion with an employee who is, or who is about to be, subject to a performance improvement procedure.

• Type:

  Policies and documents

  Letter confirming terms of settlement offer following settlement discussions related to performance

  A model letter to confirm the terms of a settlement offer following settlement discussions related to performance.

• Type:

  How to

  How to deal with employees on long-term sickness absence

  Updated to include additional information on the risks of dismissing employees who are entitled to receive payments under a permanent health insurance scheme.

• Type:

  Policies and documents

  Letter confirming the outcome of a stage 3 short-term sickness absence meeting

  Updated to highlight the EAT decision in Kelly v Royal Mail Group Ltd, in which a long-serving employee was dismissed for frequent and lengthy absences.

• Type:

  Policies and documents

  Letter confirming the outcome of a stage 3 long-term sickness absence meeting

  Updated to include information on Awan v ICTS (UK) Ltd, in which the EAT held that an implied term prevented the dismissal of an employee with long-term disability cover.

• Type:

  Policies and documents

  Letter dismissing an employee who refuses redeployment following a sickness absence management procedure

  Updated to highlight the impact of the General Data Protection Regulation, in force from 25 May 2018.

• Type:

  Policies and documents

  Letter inviting an employee to attend a long-term sickness absence dismissal appeal hearing

  A model letter to invite an employee to an appeal hearing where the employee has appealed their dismissal under the long-term sickness absence management procedure.

• Date:

  21 March 2017

  Type:

  Law reports

  Long-term sickness absence: dismissal was disproportionate and unreasonable

  The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.