Charlotte Herrington, Solicitor

Always ensure that you have clear written agreements in place to avoid future disputes. A paper trail is key.

Be proactive and pick up the phone as early on as possible when an issue in the workplace arises.

Ensure that you have clear policies and procedures in place to protect your business and avoid any ambiguity.

What is the best way to protect my business?

Make sure you have a written contract of employment in place with each of your employees which contains appropriately drafted restrictive covenants along with confidentiality provisions and a suitable intellectual property clause.

Can I just hold a disciplinary hearing with the employee tomorrow?

No. You need to give at least 48 hours’ notice of a disciplinary hearing and before you even consider this it is critical that you first go through an investigation process. You must allow the employee to put across their side of the story before you make a decision.

We’ve got no work for this employee; can I just dismiss him?

If the employee has less than 2 years’ service this is an option as the employee will not have unfair dismissal rights. However, it will be important to consider any other risks involved, particularly if the employee may have a disability. If the employee has more than 2 years’ service, you will need to take them through a formal redundancy consultation process.