Employee exits in SMEs: where things go wrong and how to get them right

Author

Caitlin Day, trainee solicitor at Tees Law, currently in the employment law team.

Trainee Solicitor

Most SME business owners do not struggle with hiring.

They struggle with exits.

Not because they want to get it wrong, but because by the time an exit is being considered, the situation is already difficult.

  • Trust has broken down.
  • Frustration is high.
  • The business wants to move forward quickly.

This is exactly when risk is at its highest.

Why exits create risk

An exit is not just about ending employment. It is about how that decision is reached and communicated. Even where the outcome feels obvious, the process still matters.

Skipping steps or acting too quickly can turn a manageable situation into a legal issue.

The most common mistakes we see

  1.  Acting without a clear plan: Deciding to dismiss before understanding the correct process.
  1. Mixing informal and formal approaches: This creates confusion and weakens your position.
  1. Saying too much in the moment: Frustration often leads to comments that are later relied upon.
  1. Ignoring contractual and financial details: Notice, holiday, bonuses, and restrictions all need to be handled correctly.
  1. Treating settlement as a fix-all: Settlement discussions can help, but they do not replace a proper process.

What a well-managed exit looks like

 A strong exit strategy involves:

  • Identifying the correct route
  • Following a fair and structured process
  • Keeping communication controlled
  • Managing legal and commercial risk together

The aim is not just to terminate employment, it is to bring things to an end cleanly.

The Commercial Perspective

A poorly handled exit can:

  • Lead to claims
  • Increase settlement costs
  • Impact team morale
  • Create reputational risk

A well-managed exit allows the business to move forward with minimal disruption.

Final Thought

Most exits feel straightforward at the outset.

The businesses that avoid problems are the ones that treat them carefully anyway.

If you are dealing with a potential exit or think one may be on the horizon, it is often worth getting a clear plan in place before taking any steps.

Handled properly, an exit can be straightforward.

Handled quickly without structure, it can become far more complicated than expected.

Most employment issues are far easier to manage at the point they arise than after decisions have already been made.  If you would like to talk through a situation in confidence, or simply sense-check your current approach, please feel free to get in touch.

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