Dismissal Procedures

It is important that when dismissing an employee you do so in a fair and reasonable manner whether it be by reason of misconduct, incapability or refusal to accept changes to terms and conditions. Employment Tribunals place great emphasis the procedure used in bringing about dismissals.

You may have had a fair reason to dismiss an employee but if you went about it in a manner deemed unreasonable by the Employment Tribunal, the dismissal will be found to be unfair. As a consequence the employee will be entitled to claim compensation.

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 give a sufficient opportunity to have his/her say? These are just some of the questions an Employment Tribunal will consider when determining the fairness of a dismissal.

Prior to taking any action you must consider your relevant internal procedures whether that is the disciplinary, capability or some other procedure. You should also consider the relevant ACAS code of practice. Whilst you need to ensure compliance with these procedures - compliance does not ensure fairness.

The particular circumstances of each case will determine the procedure and process that needs to be adopted. The seniority and length of service of the employee, the seriousness of the allegation and the evidence available will all affect the procedure required to be undertaken.

We are experienced in advising businesses on the appropriate procedure to adopt and know what the Employment Tribunal expects an employer to have done. Getting the procedure right can avoid lengthy and costly Employment Tribunal claims and significantly reduce your risks at the Employment Tribunal should the case proceed.

If you are considering taking action against an employee which could ultimately lead to dismissal please contact  Amy Ross-Sercombe, amy.ross-sercombe@clough-willis.co.uk for advice.