Workplace Dismissal Consulting

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Dismissing an Employee

 

Dismissing an employee is a challenging process. You may decide to begin the dismissal process for a number of reasons, including an employee’s capability or conduct or a legal matter that prevents them from doing their job. Redundancy is also a potentially fair reason to dismiss. Please see our redundancy services for more information.

If you find yourself in the position where you need to dismiss an employee, do you know what your next steps should be?

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How can you dismiss an employee?

 

To legally dismiss an employee in the UK, you must first have a valid reason for taking this action and you must take care to act reasonably and not to discriminate.

In the build-up to a dismissal you must ensure that you are taking adequate notes and have enough evidence to support the reason for the dismissal. It is also crucial that you have a record of meetings that are held regarding the dismissal. You should always listen to the employee’s side of the story and try and resolve this informally before moving to formal procedure. If you are dismissing for poor performance, you need to give the employee a reasonable timeframe to improve including help with supervision and training before moving forward with a dismissal.

Generally, the employee must have previously received warnings if a dismissal is to be fair. 

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What is the employee dismissal procedure?

 

Throughout the disciplinary or performance/capability procedure, you must act fairly and reasonably and the employee must be treated with sensitivity. 

If the dismissal is for misconduct then you need to follow the Acas code of practice.

It is important to remember that the procedure that you have undertaken will be considered in the case of an unfair dismissal claim and if the case reaches an employment tribunal.

In the event of an unfair dismissal, or in the event that someone believes that you have dismissed them unfairly, they could issue a claim for unfair dismissal claim against your company. If they win, you would need to pay compensation as well as incorporate any recommendations that the Judge makes.

Employees need two years’ service to get protection from unfair dismissal, however there are some claims for which they receive protection that do not require any service at all, such as discrimination and whistleblowing.  There are also some dismissals which are categorised as “automatically unfair” and which give employees an additional layer of protection such as those relating to pregnancy, health and safety and whistleblowing. 

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What is included in our employee dismissal consulting service?

 

​Our workplace dismissal services include:

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• Advising you on the best practice for dismissal.

• Managing the whole dismissal process for you including preparing all letters and guiding you through the process.

• Negotiating a settlement that protects the business as best it can.

• Defending an employment tribunal claim if this becomes necessary.

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JLJ Legal has vast experience and knowledge in providing employment law advice to employers, startups and small to medium-sized businesses.

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To find out how you can engage in employee dismissal without risking legal and financial consequences book your initial call today.