The employer must have a valid, fair, and lawful reason to dismiss an employee, and it must be balanced and consistent with previous actions taken in similar situations. If you do not follow the proper process, a dismissal that might otherwise be fair could be considered unfair, even if a fair process is followed. A dismissal might also be judged too harsh or inconsistent with the way others have been treated for the same offence.
Your disciplinary procedure should be in writing and made easily available to all staff, e.g. in a staff handbook. Your disciplinary procedure should clearly say what performance and behaviour might lead to disciplinary action and what action an employer might take. It should also include the name of someone an employee can speak to if they do not agree with the employer’s disciplinary decision.
Our employment solicitors can ensure that the correct procedures are followed, adhering to the principles outlined in the ACAS Code of Practice, and minimising legal risks to your business. This can include advice on managing consultations, handling gross misconduct cases, and drafting the associated legal documents.
By law, employers must set out a grievance procedure and share it in writing with all employees, e.g. in a staff handbook. It must include:
Employers do not have to include information about the grievance procedure in an employee’s employment contract, but if they do, they must follow the procedure, or you may be able to bring a breach of contract claim against them.
Whilst employers are allowed to dismiss people, they must do it legally and not for an ‘automatically unfair’ reason.
It’s always ‘automatically unfair’ if an employer dismisses an employee because they:
As an employer, you should tell your employee why they’re being dismissed, and if they are pregnant or have worked in your employment for at least 2 years, your employee has the right to request a written explanation.
Depending on the circumstances, an employee may be able to challenge their dismissal by using their employer’s appeal process or making a claim to an employment tribunal. An employee has 3 months less a day from their last day of employment to start taking action for an unfair dismissal.
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