There are many reasons why you might want to dismiss an employee. It might be that they are no longer performing their role adequately, or they have been guilty of some sort of misconduct.
Whatever has happened, for the dismissal to be fair, it has to fall within one of five specified reasons:
- Statutory duty or restriction
- Some other substantial reason
Even if the dismissal falls within one of these reasons the employer must act reasonably in dismissing for that reason and the process needs to be procedurally fair.
It is important that the employer complies with a number of statutory requirements in order to prevent a dismissal being unfair on procedural grounds. A claim for unfair dismissal by a disgruntled employee can be costly to your business both in terms of money and reputation. Good policies and procedures which are followed by your managers will reduce the risk to your business.
If you are considering dismissing an employee and are concerned that they will bring a claim against you, we can advise you as to how to stop that happening. We can draft settlement agreements and advise you how to handle the situation to provide you with the best possible outcome.
And if things have already gone wrong, we can help sort them out.
If you need help with this or any other employment issue, call our dedicated employment law specialist, Maeve Vickery. Alternatively, complete our online enquiry form and a member of the team will contact you as soon as possible.
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The Court of Appeal has confirmed the decision of the High Court in the ... more