Dismissals

What are dismissals?

Dismissal is when the employer terminates the employment relationship against the employee. Dismissal should be a last resort but sometimes it is unavoidable and the relationship must end this way. To comply with legislation and best practice, employers should carry out necessary investigations without unreasonable delay to establish the facts.

Why do dismissals matter?

It is important to manage a dismissal fair and consistently; following the appropriate policies and procedures to mitigate risks of discrimination; and wrongful, unfair or constructive dismissal. Dismissal should be for the right reasons and alternative options, if relevant, should be trialled first.

By following procedures this will also reduce negative effects on the rest of the organisation such as morale, retention and reputation but can also help reduce time and costs by getting the situation right the first time round.

We can help you with dismissals

Terminating any business relationship needs to be followed correctly so we can offer guidance on coming to the decision to dismiss, having difficult conversations, following the procedure through and overall acting fair and consistently. We can advise on notice periods, payments, post-termination obligations and keeping the process in line with legislation, HR best practice but also your company culture.

Employment law relating to dismissals

Employment Rights Act 1996

The Employment Rights Act 1996 sets out the rights that employees are entitled to in the workplace. The act talks about a range of interesting topics that can affect the employee, such as: The employment contract Pay Protection from detriment Time off from work Dismissal The Employment Rights Act is a crucial piece of legislation…

Other HR issues relating to dismissals

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