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Question 5 – The five most common HR questions we’re asked.

This is the last in our 5 part series of the most common questions we’re asked. We do hope that you’ve found it useful.

I have an employee who is not working out but I don’t want to go through capability disciplinary as it takes too long. Is there a way to end their employment?

Assuming the employee has a length of service over 2 years, which ensures that they have the qualifying service to make a claim of unfair dismissal the best way to end the employment relationship is through a settlement agreement (previously known as a compromise agreement).

Employees have the right to have a companion within a without prejudice discussion about ending the employment relationship via a settlement agreement. The settlement involved may include pay in lieu of notice and an enhanced redundancy payment; but it depends on contractual obligations within the contract of employment. The employer must also meet the costs of independent legal advice to ensure the settlement agreement is legally binding.

The settlement agreement usually includes a promise not to take the employer for any claim to Employment Tribunal, a gagging clause and an agreed reference that both parties will not deviate from

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