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Employers must have a fair reason for dismissing an employee and have to follow a fair procedure in doing so.  Otherwise employers are at risk of an Employment Tribunal Claim. 
 
Fair reasons include:
  • Misconduct, eg fraud or discriminating against another employee;
  • Redundancy;
  • Business re-organisation;
  • Employee’s ability to do their job;
  • Employee’s breach of employment contract.
Even if an employer has a fair reason for dismissing an employee, a fair dismissal procedure must be followed or the employer is still at risk from an employment tribunal claim.  An employment tribunal will consider whether an employer has acted fairly and whether the employer has considered all reasonable alternatives to dismissal, eg disciplinary procedures, transfer to another role.

If an employer has not followed a fair dismissal procedure a dismissed employee can make a wrongful dismissal employment tribunal claim.  Reasons for wrongful dismissal claims include, employer’s failure to give adequate notice where there is no gross misconduct, ending a fixed term contract before the end of the term, failure to carry out disciplinary procedures properly or failure to follow redundancy procedures.

At Lawson-West we can check your dismissal procedures are fair and minimise the risk of an Employment Tribunal Claim.   We can also advise on specific circumstances such as redundancies, retirement, or where a disciplinary matter, eg gross misconduct, has arisen that may result in dismissal.  Please call either Ashley Hunt, Carrie-Ann Randall or Vaishali Thakerar on 0116 212 1000 now to discuss your requirements.