Dismissing an Employee

Fair reasons for dismissing an employee include:

Misconduct, e.g. fraud or discriminating against another employee
Redundancy
Business re-organisation
Employee’s ability to do their job (capability)
Employee’s breach of employment contract

What is a Fair Procedure for a Dismissal?

When an employer has a fair reason for dismissing an employee, a fair dismissal procedure must always be adhered to or the employer may be at risk of an Employment Tribunal claim. The Employment Tribunal will consider whether an employer has acted fairly and whether the employer has considered all reasonable alternatives prior to the dismissal, e.g. disciplinary procedures or a transfer to another role.The dismissal is only deemed fair if the employer acts reasonably during the disciplinary and dismissal process. Despite there being no legal definition of what ‘reasonably’ means, if an employer was taken to an Employment Tribunal, they would consider whether the employer:

Genuinely believed the reason for dismissal was fair
Carried out the proper and appropriate investigations
Followed their own in-house procedures
Informed the employee properly about them being dismissed
Allowed the employee to be accompanied at dismissal hearings
Gave the employee a chance to appeal.

Wrongful Dismissal Claims

If an employer fails to follow a fair dismissal procedure, a dismissed employee can make a wrongful dismissal employment tribunal claim. Reasons for wrongful dismissal claims include, an 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.

Unfair Dismissal Claims

An employer must follow a fair dismissal procedure otherwise they are 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.
It is important that employers 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 a demotion, re-deployment or other disciplinary action, a dismissed employee will have an Employment Tribunal claim to pursue. Any investigation into disciplinary or misconduct concerns must 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.

Dismissing an employee should not be a decision that is taken lightly, it can be very costly and needs to be carefully considered. It is recommended that employers seek professional legal advice prior to beginning the dismissal process to ensure the correct procedures are followed.
Our employment team can provide the appropriate advice and guidance in relation to Dismissal. They offer no-obligation initial appointments and can meet you at our office locations in Market Harborough or Leicester. You can call the team directly via 0116 212 1000, alternatively complete our online contact form and we will get back in touch with you.

Kate Lea

How Can Lawson West Help You?

Lawson West is recognised for providing a first class, national employment service. We’re listed and ranked in the Legal 500 for our exemplary team of professionals and the advice we provide.

Our large, experienced team manages volumes of claims, with expertise in business restructurings, redundancies, TUPE transfers, advising on claimant and HR practices, dismissal, disability, whistleblowing and all forms of employment law to affect employees and contractors.

We understand ACAS guidelines and have experience of trade unions, advising on obligations and employee rights. We can act as a preferred supplier of legal services and panel appointments. From employee best practice to Employment Tribunal and Appeals, we provide confident, knowledgeable advice.

Expertise

Employee Matters

Settlement Agreements (for Employees)

Employment Contracts & Terms & Conditions

Employment Tribunals

ACAS

Leave Relating to Parenthood

Performance Management

Redundancy (for Employers)

Redundancy Procedure

Equal Opportunities

TUPE Buying & Selling a Business

Contact

We are here to help

If you would like to ask a question or make an enquiry about our services, we’d be delighted to hear from you. Simply complete this form and press ‘send’ and we’ll be in touch shortly after.

Not sure what to do……?
Need advice on the next steps?
Hesitating on how to proceed ……?

Name of opposition *Please note this will be kept in strictest confidence and is required solely to ensure we do not have a conflict of interest according to SRA regulations. Information re other party (where applicable) is needed before we contact you. It will either be name and DOB of your ex-partner if it’s a family matter, or employer name if it’s an employment issue. The party *WILL NOT be contacted* by Lawson West.

Testimonials from Dismissing an Employee

Great client service is at the centre of our thinking, it’s embodied into how we train and develop our staff, how we help our clients and how we advise and assist people and business owners with their legal needs.

Our Core Values are Welcoming, Confident, Supportive, Knowledgeable and Dependable and we aim for clients to have a positive experience with Lawson West Solicitors.

Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.

I would like to thank all who were involved with my case, I am happy with the outcome.

Mrs S

The one to one consultation was excellent.

Mr A & Mrs L, Darton, Barnsley