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An employer must follow a fair dismissal procedure or be at risk of an Employment Tribunal claim.  An Employment Tribunal can find that a dismissal was for a fair reason, but make an award because the employer did not follow a fair procedure.

Under the Employment Rights Act, employers can seek to argue that an employee has been dismissed for a potentially fair reason such as misconduct or ill-health.  Whether the dismissal is, in fact, fair or unfair will turn on whether an Employment Tribunal considers that the employer acted reasonably in all the circumstances.

Therefore an employer has to ensure their dismissal procedures are fair and comply with the statutory dismissal procedure.  For example if an employer fails to allow an employee to be accompanied to disciplinary hearings or fails to consider alternatives such as demotion, re-deployment or other disciplinary action, a dismissed employee will have an Employment Tribunal claim.  Any investigation into disciplinary or misconduct concerns has to be adequate and fair, if not, a dismissed employee will have an Employment Tribunal claim.  An employer also must allow a right of appeal and advise the employee of this right.

Lawson-West employment solicitors can check your procedures to ensure they are fair and comply with statutory dismissal procedures.  Lawson-West can advise on what steps to take if you are considering dismissing an employee and can write a Settlement Agreement which includes a clause preventing the dismissed employee from making an Employment Tribunal claim.


Please call either Ashley Hunt, Carrie-Ann Randall or Vaishali Thakerar on 0116 212 1000 now to discuss your concerns or complete the form on the right.