Letting a member of staff go is not a pleasant part of running a business. It can be expensive, time-consuming and stressful – it’s only natural that most employers want to avoid it. In much the same way as you would only resort to formal disciplinary action based on the ACAS code of practice if informal methods haven’t worked, so dismissal should be an absolute last resort.
If you find yourself facing a dismissal procedure we’ll be by your side every step of the way. We’ll help you to try and avoid dismissals in the first place. Our experts are on hand 24/7 to help prioritise positive steps – like performance management, reviews, training and employee support programmes.
If the worst happens and you find yourself facing a tribunal claim, we’ll support you there too, thanks to our dedicated employment tribunals team. Plus, providing you’ve followed all of our advice, we’ll even cover your legal costs.
This is when an employee decides to leave their role and your business and this can be voluntary on their part, or could be decided by the employer.
You might know the term ‘termination of employment’ as another term such as laid off, fired, let go etc.
The reason an employee might have to end their contract could be down to;
Before you can consider dismissing an employee, you must follow a fair dismissal process. Here are the eight fundamental considerations to follow:
For an in-depth look at how to dismiss someone legally, check out our free guide on it here.
Every employee with two or more years’ service (or one years’ service in Northern Ireland) has the right to not be unfairly dismissed. Examples of unfair dismissal include:
Additionally, all employees – regardless of their length of service – have the right not to be dismissed for certain reasons, otherwise known as ‘automatically unfair dismissal’. Examples include dismissals related to:
Dismissing an employee based on any of the above grounds could put you at risk of unfair dismissal claims, as well as constructive dismissal claims (when an employee claims they’ve been forced to walk out of their employment.)
In theory, dismissing employees who’re in their probation period should be easier. Why? Because employees with less than two years’ service can’t claim for ‘ordinary’ unfair dismissal. Also, if you’ve decided on extending the probation period with the employee, you’re on more solid ground if you decide to dismiss an employee for whatever reason.
From managing employment contracts to negotiating notice periods, our team of experts can be by your side 24/7 to help you navigate the complexities of HR & Employment Law.
You’ll get 24/7, 365 days a year access to our advice line – so whatever your issue, there’s someone on the other end of a phone call to help you and your business out.
You’ll also receive access to our online platform, Atlas. That way you can store, amend and distribute contracts – and much more – all from one, cloud-based platform.
Plus, we’ll make sure to keep you updated as soon as any legislation is updated or if your responsibilities change.
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