Terminating the Employee Relationship

Disciplinary

Handling disciplinary issues requires a clear and fair process. Employees must be treated fairly whilst they go through the disciplinary process, and it is important for employers to be mindful of the ACAS Code of Practice and internal policies. We advise on all aspects of disciplinary procedures, including:

• Conducting investigations: We can guide you through conducting thorough and impartial investigations into alleged misconduct.
• Holding Disciplinary Hearings: We advise on the correct procedure for holding disciplinary hearings, ensuring fairness and due process.
• Issuing disciplinary Sanctions: We advise on appropriate sanctions, ranging from verbal warnings to dismissal, ensuring they are proportionate to the alleged misconduct.
• Appeals process: We can help you establish a fair appeals process for employees who wish to challenge a disciplinary decision.

The Employment team at BPE can provide the support and guidance you need during the disciplinary process, minimising the risk of unfair dismissal claims and promoting a fair and consistent approach to employee conduct.

Redundancy and Restructure

Workforce restructuring and redundancy are complex processes that demand careful planning and meticulous execution to minimise legal risks and business disruption. Our expert Employment law team provide clear, practical, and commercially focused advice to businesses of all sizes throughout the redundancy process, ensuring compliance with UK employment law and protecting your organisation's interests.

Effective redundancy planning requires a strategic approach from the outset. We advise on:

• Developing a robust business case: Helping you establish a clear and justifiable rationale for redundancy, crucial for defending potential unfair dismissal claims.
• Identifying selection criteria: Guiding you in developing objective and non-discriminatory selection criteria to avoid discrimination claims.
• Managing the consultation process: Advising on individual and collective consultation obligations, including timelines and best practices.
• Avoiding unfair dismissal claims: Ensuring your processes are legally sound to minimise the risk of costly and damaging tribunal claims.
• Equality Act compliance: Advising on potential discrimination issues arising from redundancy exercises, including protected characteristics.
• Redundancy procedures and practical implementation.

Whether you’re merging and/or acquiring a new company, reallocating or reorganising staff, we’re here to help. 

Settlement agreements

Settlement agreements (formerly known as compromise agreements) offer a valuable tool for employers seeking to resolve employment disputes quickly, cost-effectively, and with minimal disruption. They provide a legally binding agreement between an employer and employee, settling potential or existing claims and avoiding the need for costly and time-consuming Employment Tribunal proceedings. Our expert Employment law team can guide you through the process, ensuring your agreements are legally sound and protect your business interests.

Our expert Employment law team provide comprehensive advice and support on all aspects of settlement agreements, including:

• Strategic advice: Assessing whether a settlement agreement is the appropriate course of action in your specific circumstances.
• Drafting and negotiating agreements: Drafting clear, comprehensive, and legally sound agreements that protect your interests.
• Negotiating favourable terms: Representing you in negotiations with the employee or their legal representative to achieve the best possible outcome.

Ensuring legal compliance: Ensuring the agreement meets all legal requirements and is legally binding.

We have extensive experience negotiating Settlement Agreements, packages and exit plans that protect the financial, operational and strategic interest of your business and put you in the strongest possible position to move forwards. Our service is personal and flexible, and we’ll always tailor our services and the way we work together to suit your priorities and goals.