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Common Legal Issues In Human Resources

Settlement Agreement

When it comes to Human Resources, there is a never-ending line of issues to work through. Most of these are minor and simply affect one or two people. However, in some cases, the issues are more legal in nature and can be a problem for the entire company. If this is the case, the HR team must be aware of how to resolve the problem before any further issues arise.

What are the most common HR legal issues that appear? Let’s take a look.

Poor Employee Performance

No one wants to dismiss an employee, but if there are severe issues with the employee’s performance, you will need to take disciplinary action in most cases. If the issue persists or if there is a problem with misconduct, then you may need to terminate the employee.

Employee disciplinary action and demotions or dismissals often require legal aid. The process must be very clearly followed to avoid a lawsuit later on. The best option is to consult with an employment law solicitor.


Sadly, harassment is still a serious issue in today’s workplace. As an employer, you need to keep your employees happy and ensure they are treated well. If someone is harassing them, then you will need to take action.

It’s a good idea to have your possible recourses listed in the contract you signed with the employee. This will provide you with the legal ability to take action.


Unless your company is stagnant, there will typically be a restructuring of the business as it continues to grow. In some cases, you may end up downsizing. However, either option requires some knowledge of statutory requirements. Whether you’re hiring new employees or downsizing some, you want to be sure that everything is legally in order to avoid future problems.

Unfair Dismissal

One of the biggest reasons to ensure you have everything in order legally is that people can come back later and claim unfair dismissal. The best way to avoid this is to carefully plan everything out and consult with a solicitor to ensure you are legally within your rights to terminate the employee’s position.

Need legal feedback on your HR issues? Contact Swan Craig Solicitors for more information.

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