When is dismissal fair

Reasonableness might also depend on whether the employee could be expected to understand the consequences of their behaviour. You must set out your dismissal and disciplinary rules and procedures in writing - if you do not, a tribunal can order you to pay an employee compensation.

This is when you dismiss someone instantly without notice or pay in lieu of notice, usually because of gross misconduct for example theft, fraud, violence. If it does not, you should suspend the employee on full pay and investigate the circumstances. Check what you need to do. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work.

Accept additional cookies Reject additional cookies View cookies. Since , employees have had to be employed for at least 2 years to be able to claim unfair dismissal under the Employment Rights Act ERA. There is no requirement for qualifying service in certain circumstances for example dismissals due to pregnancy or whistleblowing , or to bring a discrimination claim under the Equality Act As well as relying on one of the potential fair reasons, you must also satisfy a Tribunal that you acted reasonably in treating that reason as sufficient to justify dismissing your employee.

Every case is different and whilst every Tribunal should apply the law in the same way, it can be difficult to predict outcomes. At Martin Searle Solicitors we are experts in advising on dismissals and can help you as employers protect your businesses by dealing with potential dismissals fairly.

Contact us today on , or email info ms-solicitors. Not all dismissals are desirable; sometimes the dismissal is not what the business would prefer to do but there is no alternative. Regardless of the circumstances, the dismissal should be fair. It can also make things easier for the member of the management team that needs to conduct the dismissal and, in the end, for the individual being dismissed.

The issue of dismissal often boils down to two words which are both difficult to pin down — reasonableness and fairness. The process will vary slightly, depending on the grounds being relied on. However, some of the most important steps are set out here. Firstly, there must usually be a reasonable investigation — how in depth this is will depend on the case.

The employee must then be invited in writing to a formal hearing, setting out the allegations in advance so that they can properly prepare. The hearing should be chaired by an impartial decision maker and the employee should have a full chance to respond. Following the meeting, the chair would then decide, and a right of appeal should be given.

Sometimes a Tribunal would expect to see warnings given first, for example in cases of poor performance, or sometimes it may be appropriate to move straight to a dismissal, for example if an incident of gross misconduct has occurred. In cases of ill health, you should particularly consider the following: - Can the employee be supported? Can reasonable adjustments be made? In cases where performance of a role is in question, it is necessary to follow a formal warning process, where performance plans, necessary training and coaching are offered to help address the situation alongside a formalised disciplinary process.

A more unusual ground, illegality refers to a dismissal necessary because their continued employment would be illegal — such as when employing an individual whose permission to work in the country has expired, or where an employee hired to drive receives a ban. It must be noted that formal dismissal procedure must still be followed — for example considering if a driver can be accommodated in an office position, or is the employee whose work permissions have expired likely to be able to resolve the issue in a reasonable time assuming they have satisfied themselves that a valid application to extend has been submitted and has preserved the right to work pending determination.

Remember that fairness and reasonableness are always your key factors in any dismissal situation and attempt to be flexible where possible and fair. You can dismiss an employee if they have committed some form of misconduct, for example persistent lateness or unauthorised absence from work, if they have received a series of appropriate warnings first.