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.

We can train you to handle dismissals

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

Absence Management

Absence management is the process in supporting your business through planned or unplanned absence of your workforce. This could include sickness, injury or annual leave. Policies and procedures can be put in place to support your business through the following with notification procedures, payment terms and return to work support. It is important to have…

Disciplinaries

An organisation should ideally have a set of rules or code of conduct to inform staff of correct, legal and safe ways to act or perform at work. If an employee breaks a rule then an employer may choose to follow the disciplinary procedure. Sometimes it is beneficial to try to resolve the issue informally…

Employee Engagement

Employee engagement is an approach taken by an organisation that results in the right conditions for all employees, allowing them to work to their greatest potential, increasing their commitment to the organisations values and goals, also by motivating employees to contribute to the organisations overall success. Employee engagement is based on trust and the two…

Employment Disputes

Arguments : confrontation : disagreements : tension : yelling : physical fight These are examples of employment disputes that can unfortunately happen between staff in the workplace. An employment dispute can be between team mates, cross-departmental or conversed seniority. It could be longstanding or a shorter stemmed reaction. Either way every dispute will be different…

Grievances

A grievance is a concern, problem or complaint raised by an employee against their employer. It is ideal for an employer to have a grievance procedure in writing, commonly held within the staff handbook, contract of employment or held with additional company policies to help you manage this situation fairly and without delay. Contractually, you…

Performance Management

Performance management is the process to help staff reach business objectives through optimal performance at work. Employees are a key asset to the successful running of your business, so it is important that your team is supported within their role and given the opportunities to develop and achieve results. Staff should be aware of the…

Unfair Dismissal

For a dismissal to be fair it must be for a fair reason i.e. conduct, capability, breach of the law, or redundancy; and the dismissal must have been dealt with fairly i.e. follow the correct process, with the correct notice and payments. Unfair dismissal can be claimed by an employee through an Employment Tribunal if…

Whistleblowing

Whistleblowing is when a worker reports a certain type of wrongdoing. A whistleblower is protected by law and shouldn’t be treated unfairly or lose their job because they ‘blow the whistle’. A concern can be raised at any time about an incident that happened in the past, present, or is believed to happen in the near…
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