Paula Ursu, Solicitor

Prevention is better than cure – ensure your contracts and policies protect you and seek advice early when problems arise.

Keep a record of any informal discussions or agreements with employees – prior to saying or sending something to them, think twice whether you would be happy to be on record having said or sent this.

Be open with us about your end goal and share any worries or concerns that you have or potential obstacles so we can address them.

After a disagreement with an employee, we negotiated the terms of them leaving and it ended amicably. Do we still need a settlement agreement?

While you don’t need one, it would be generally advisable. Employees can only validly waive employment rights under a settlement agreement, the legal requirements of which include obtaining independent legal advice on their terms and effect. We can help you prepare an appropriate settlement agreement to provide you with the security that you can rely on a valid agreement.

I have cast-iron proof of an employee who worked for us for over two years committing an act of gross misconduct. I want to dismiss them. Should I still follow the disciplinary procedure?

Whilst there are some exceptions, generally speaking- yes. While you may have a very good reason to think dismissal is warranted, as an employer you must follow a fair procedure when a disciplinary matter arises, otherwise you run the risk of an unfair dismissal claim. Obligations include carrying out an investigation, inviting the employee to a disciplinary hearing and giving them the right to appeal.