Terminating The Employment Relationship

The Kea HR Toolkits provided step by step guidance to common HR matters and are created for small businesses.

Each of my HR Toolkits provides you with a Step-By-Step Roadmap through the HR topic giving you the confidence of knowing what to do and when to do it.

The guidance notes are provided as PDF documents and the resource materials are provided as Word files so you can edit them to fit your company style and letterhead and implement them immediately.

Some employees will choose to leave, if the recruitment process is working right these will be reduced to a minimum, but there may be situations that arise where you need to ‘exit’ individuals from your organisation and these must be managed in the right way to avoid claims for unfair dismissal.

Voluntary Resignation
When an employee wants to resign, you can try to persuade them to change their mind but you cannot refuse to accept their resignation. If the employee later withdraws his or her resignation, you do not have to agree to their continuing to work for you. However, take care if it is a ‘heat of the moment’ resignation e.g. a resignation following an argument.

The template documents provide letters to acknowledge the resignation including enforcing restrictive covenants and placing an employee on garden leave as well as an exit interview form.

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Individual Redundancy
The Individual Redundancy Toolkit provides guidance to the rules that apply if you are planning to dismiss 19 or less of your employees by reason of redundancy within a 90 day period. Potentially, redundancy is a fair reason for dismissing an employee but only if a full and fair consultation process is carried out and the reason for the redundancy dismissal is the closure of a business or workplace or a reduced need for employees to carry out work of a particular type.

There are a range of template documents to ensure you manage the process fairly including: a template selection matrix, invites to meetings, offer of an alternative role. formal notice of redundancy and offering voluntary redundancy as an alternative to compulsory redundancy.

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Collective Redundancy
The Individual Redundancy Toolkit provides guidance to the rules that apply if you are planning to dismiss 20 or more of your employees by reason of redundancy within a 90 day period. Potentially, redundancy is a fair reason for dismissing an employee but only if a full and fair consultation process is carried out and the reason for the redundancy dismissal is the closure of a business or workplace or a reduced need for employees to carry out work of a particular type.

There are a range of template documents to ensure you manage the process fairly including: a template selection matrix, invites to meetings, offer of an alternative role. formal notice of redundancy and offering voluntary redundancy as an alternative to compulsory redundancy.

Read more …

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