Clough & Willis Solicitors, Commercial and private legal services UK

Dismissal Procedures

When dismissing an employee it must be done in a fair and reasonable manner.  Reasons for dismissing may include the following:

Employment Tribunals closely examine the procedure used in bringing about the dismissal.

An employee will be entitled to claim compensation if there was a fair reason to dismiss but the procedure was found to be unreasonable.

The following are examples of questions the Employment Tribunal will explore:

  • What was the employee told?
  • What information was provided to the employee? 
  • What steps did the employer take to discover the facts? 
  • Was the employee given sufficient opportunity to have his/her say?

It is vital that prior to taking any action an employer considers their relevant internal procedures concerning disciplinary, capability or other relevant procedure. An employer should also have in mind the relevant and up to date ACAS code of practice.  However, compliance does not ensure fairness.

Each case will turn on its own facts and inform the decision making process.  Of relevance will be: 

  • the seniority of the employee
  • length of service of the employee 
  • the seriousness of the allegation 
  • the strength of evidence available 

We are specialists and experienced in advising businesses and employees on the appropriate procedures to be followed.  We know what the Employment Tribunal might expect an employer to have done. Getting the procedure right from the start and throughout the process can avoid lengthy and costly claims which will significantly reduce exposure at the Employment Tribunal should the case proceed.

If you are considering taking action against an employee which could ultimately lead to dismissal or are an employee threatened with dismissal please contact me Amy Ross-Sercombe, on freephone 0800 083 0815 or by email amy.ross-sercombe@clough-willis.co.uk 



We have been using Clough & Willis for ten years and found them to be very efficient in all aspects of their work. What I like about their firm is that they cover a wide variety of legal services and are very quick to respond to our needs.

Nigel Compsty, Managing Director
H Compsty & Son Ltd


The contact for my name change and divorce was Marie Whittaker who again was completely professional and gave me complete confidence from out first meeting. My divorce proceeded smoothly, quickly and efficiently. I was updated regularly by letters and phone calls.

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"Level of service seems just right. The friendly, helpful staff explained procedures well and made everything clear."

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"The team are a pleasure to work with, friendly but always professional in their dealings. Following the successful sale of my business to Veolia Environmental Services plc, I continue to play a key role in the business. I would recommend Clough & Willis to business owners."

Chris Wright Recycling
H Chris Wright


"I would like to take this opportunity to thank you, personally, and on behalf of the Directors of SRS for all the time and work you put into the successful MBO. Professional at all times, your advice was client focused and to the point, and we were particularly impressed at your ability to work to a tight schedule, ensuring we completed on our deadline date."

Alex Docherty,
Director Sound Reduction Systems


Throughout the whole process, Clough & Willis kept me well informed and my stress levels to non-existent. I felt completely looked after with the team taking care of my best interests, I felt they had complete control and it was very reassuring.

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From first contact to the last, everyone has been very professional and reassuring through what has been an emotional and stressful time for us and without the help of your company it would have been much more difficult for me and my husband.

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I was very impressed with your firm at the outset when I first called in November 2009 after my uncles death. All staff from the receptionist and secretary through to the Partners were professional, friendly and helpful and provided the best response out of the 3 Bury firms I called.

Comments taken from client satisfaction survey


Clough & Willis are very understanding and made me feel valued, they showed me respect knowing I was albeit apprehensive of dealings within the legal profession and their workings

Comments taken from client satisfaction survey


Besides being professional Clough & Willis are also friendly and kind, making one feel relaxed able to communicate easily about the business in hand which they see to efficiently keeping in contact continually. Thank you for all you did.

Krystyna Bzdega


From reception through secretarial to solicitor the approach and attention to detail in handling my case was professional and gave me confidence that the matter would be handled to my satisfaction.

Mr M Booth


I have dealt with Clough & Willis for years since we moved to the area from Manchester and both my husband and I always appreciated your helpfulness and professionalism. Thank you

Theresa Moreen Woolley


Lorraine, I would just like to say "thank you very much" for all your hard work and assistance in the letting of the above property. The negotiations were somewhat protracted, due to a breakdown on my client's side, and I feel that your persistence and hard work led to the eventual lease completion. I look forward to working with you in the near future. Kind regards, Neil Higson, for and on behalf of Nolan Redshaw Ltd

Nolan Redshaw Chartered Surveyors


We have been impressed with the friendly professionalism of all staff, Rebecca Green has been wonderfully helpful, thorough, patient, kind and supportive. Her reassuring guidance has made some very sad and difficult times easier to bear. We hope Rebecca receives recognition for her excellent service.

Testimonial from Mr & Mrs Smith

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