Dismissal

The vast majority of business owners will one day find themselves in the position of having to dismiss an employee.

Dismissal is never easy. But you need to make sure the process is done fairly and in line with employment law. If not, your former employee may be able to claim unfair dismissal.

Our specialist employment law team can provide the legal support you need, guiding you through the dismissals process carefully and reliably.

Get in touch to request your free consultation today.

If an employee has worked for you for two years or more, they are protected by the Employment Rights Act 1996. This means they can only be dismissed for the following reasons:

Misconduct – general, serious, or gross misconduct. This can involve an incident done outside the workplace.
Performance – the employee is unwilling or unable to carry out their job properly.
Redundancy – the employee’s role is no longer needed, or the business is closing.

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Statutory illegality – the employee would be breaking the law by working for you. If a driver lost their licence, for example.
Another substantial reason – such as a conflict of interest or a breakdown of trust.

If you wish to dismiss a member of staff, you must have evidence that you have followed the process below:

Investigated the situation
Followed the company’s proper dismissal procedure
Informed the employ that they may be dismissed and why. And given them the opportunity to respond
Held meetings or hearings, and allowed the employee to be accompanied during them
Given the employee the chance to appeal the decision.

Our skilled and experienced team of employment law experts will help you navigate the dismissals process, ensuring that you are always acting in line with employment law. We can also help you if you are facing a claim for unfair dismissal.

Whatever the situation, it’s vital you have the right information. We can advise you on the lawful dismissal of employees, including dismissing staff of furlough, dismissing staff for poor performance, and dismissing staff on zero-hours contracts.

Whatever situation you’re in, we’re ready and waiting to help. With offices across the UK, we work with employers around the country and beyond. To find out more about our services and get practical legal advice, please get in touch.