Can you withdraw the job offer?

withdrawing a job offer

COVID-19 advice Looking for practical advice on withdrawing a job offer due to the coronavirus pandemic and other common employment scenarios? Visit our free Coronavirus Advice Hub for answers. Take me to the Hub You just finished interviewing and you’re convinced you’ve found the perfect candidate. However, after you post the offer, new information comes […]

Can employers make changes to an employee’s contract without their consent?

COVID-19 advice Looking for advice on changing terms and conditions of employment during coronavirus? Download our simple guidance note, plus all the template resources you need to manage the process, from our free Back to Business Hub. Take me to the Hub It’s quite common for employers to amend employees’ terms and conditions of employment […]

What happens if an employee resigns during the disciplinary process?

If an employee is midway through a disciplinary process and suspects that dismissal is imminent, they may feel that resigning is their only option to save face and maintain their reputation. Whether it’s better to quit than be fired is open to debate. However, if reputation is the employee’s primary concern, leaving on their own […]

HR GUIDE | What to do when an employee walks out

What do employers do if an employee gives you their letter of resignation and doesn’t come into work the next day? From an employer’s perspective, there are many considerations, risks and costs to consider when deciding the best course of action.   Notice If an employee resigns, they need to provide notice to you.  For employees, […]

Written statement of employment particulars

fixed term employment contract

When we advise our clients, some myths about Contracts of Employment often crop up. One of the biggest myths we hear is that contracts need to be in written form in order to be legally valid. Contrary to popular belief, a Contract of Employment may be a verbal agreement or it may be a written […]

Resigning during the disciplinary procedure

HSE enforcement notices Investigation

Recent events have thrown up the question of what happens if an employee resigns in the midst of a disciplinary procedure. The press has gone wild with the story of former Oxfam Director, Roland van Hauwermeiren, who resigned from his post before the investigation into allegations of misconduct had ended. He went on to hold […]

Dismissal for some other substantial reason

gross misconduct dismissal

On occasion, you may need to dismiss someone for reasons that do not fit the more common reasons of misconduct, performance and redundancy. In these cases what do you do? Can you still dismiss them without falling foul of the law? What amounts to a fair dismissal? To recap, the key ingredients to a fair […]

Notice periods – know the law

notice of termination

If an employee is dismissed, they have the right to be given the appropriate amount of notice as laid down under the Employment Rights Act 1996 or with the provisions in their Contract of Employment. If an employee resigns, they will also need to provide notice to you.  Statutory notice The law sets out the […]

Difference between wrongful and unfair dismissal

wrongful and unfair dismissal

Dismissing someone just means giving them the sack, right? You may be familiar with the terms wrongful and unfair dismissal. But do you know the difference? Wrongful dismissal  Wrongful dismissal is a dismissal in breach of contract. A common example would be where the employer has dismissed an employee, but they have not provided the […]

Time off work for public duties

Time off for public duties

Employees have the right to time off work for a number of statutory reasons, including time off for public duties. Nature of the right Employees have the right to a reasonable amount of time off work to attend meetings or to do what is needed to fulfil certain public duties and services. Examples of public […]