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Dismissal Procedures

Regulations to Employment law have seen many changes in the last few years. An important area is the freedom or lack of freedom to dismiss an employee.

Although an Employee's employment can be terminated at any time, unless the dismissal is fair, an Employment Tribunal can find the employer guilty of Unfair Dismissal

Examples of Fair Dismissal:

  • Redundancy -
    • this is providing that there is a genuine case for redundancies

    • that there is no suitable alternative work

    • there has been adequate consultation

    • there is no discrimination in who is selected

  • The employee does not have the capabilities or qualifications to perform the job role (this would require the employer to go through a consultation and/or disciplinary process)

  • The employee behaves in an inappropriate manner (the company's policies should outline what would be unreasonable behaviour and the business must go through disciplinary procedures)

  • The dismissal is the effect of a legal process such as a driver who loses his right to drive (however, the employer is expected to explore other possibilities such as looking for alternative work before dismissing the employee

Examples of Unfair Dismissal:

  • You may have used, or attempted to use, a statutory employment right (for example, taking parental leave)
  • You have become pregnant

  • You may have a membership/non-membership of a trade union

Examples of Potentially Fair Dismissal:

  • Your conduct

  • Your ability to do your job

  • Redundancy

  • Retirement (from 1 October 2006)

  • A legal reason that prevents you from doing your job (for example, losing your driving licence if you’re a delivery driver)

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