Sometimes as a business owner, the commercial realities of a situation can be so pressing or self-evident that following the full employment law procedures may not be a realistic option. In order to bring difficult situations to as swift a conclusion as possible so that the employer can take the business forward unhindered, a commercial decision may be needed to be made.
In this situation, the key is to assess the risk of a claim, the management time that will have to be invested in fighting a tribunal and the potential costs versus the immediate needs of the business. Sometimes on balance the most commercial choice is to cut your losses and move on.
In this situation, damage limitation is the main objective and professional advice should be sought as soon as possible to help the business owner make an empowered and informed decision on the best way to proceed.