Key points to remember to ensure a fair dismissal
It is never a nice thing to do (or at least, it shouldn’t be), however sometimes it is warranted, and necessary, to dismiss employees. To reduce your risk if an employee takes you to an employment tribunal, it is advisable to ensure it is a fair dismissal.
What do we mean by a fair dismissal? We’ve noted some key points below to keep you on the straight and narrow:
· You should have a valid reason to dismiss; don’t try and manufacture one just to get rid of the ‘thorn in your side’ e.g.:
o they have misbehaved (their conduct)
o they cannot perform the duties expected (their capability)
o something prevents them for doing their job (e.g. they have been banned from driving which is a key part of their role)
o the business can justify the need for making roles redundant
o some other substantial reason (e.g. end of a fixed term contract)
· You should act reasonably (there’s a ‘wishy-washy’ word if ever you heard one😊) but what the law means by this is being able to show that you’ve followed your own procedures by carrying out a proper investigation, holding a disciplinary hearing and giving the employee the right to be accompanied etc. If the employee provides evidence to make you question any of the allegations, it is imperative that you adjourn to investigate further; don’t make rash decisions.
· You should set out your reasons for dismissing in writing and give them the right of appeal.
All of the above does not take away your risk that someone might take out an employment tribunal claim against your organisation, but it does allow you to be able to hand on heart say ‘we did everything right’ so we can defend that claim. Do the right thing by your people – bad news travels a lot faster than good news and people will talk about their employer if they feel wronged.
If you need some help,