There are five fair reasons for dismissing an Employee and unless one of those reasons is followed, together with a fair procedure, then the dismissal will be an unfair dismissal. In addition, if an Employer does not give the required period of notice under the Contract of Employment then there can be a claim for wrongful dismissal or unfair dismissal.
How to dismiss an Employee fairly?
Whilst most Employees need a qualifying period of two years before they can bring a claim for unfair dismissal there are other rights that accrue on day one. These include dismissals connected with pregnancy or childbirth, whistleblowing, asserting a statutory right and acts of discrimination.
There must be a fair reason for the dismissal. There are five fair reasons which are:-
Fair procedure and reasonable conduct
Most Contracts of Employment or Staff Handbooks will set out the procedure that is followed in disciplinary procedures, but in the absence of that the ACAS Code of Practice on Disciplinary and Grievance Procedures should be followed. If a fair procedure is not followed then any eventual compensation can be increased by 25%.
The Employer must also dismiss reasonably. As well as following a fair procedure the Employer must come to a reasonable decision, that the matters complained of against the Employee justified the dismissal. It is also important to follow the notice period in the Contract of Employment;, if there is a payment in lieu of notice clause (PILON) then the Employee can be paid instead of working their notice.
Employees who are guilty of gross misconduct can be dismissed without the right to working their notice or a payment in lieu.
It is very important not to discriminate and dismiss someone on the basis of a protected characteristic. Protected characteristics are set out in the Equality Act (see separate note) and protect people against discrimination on the grounds of their sex, disability, race, religion, sexual orientation, gender reassignment or an unjustified age related reason.
Please click on any of the links below to see our client’s testimonials.
“ You will always get straight and expert advice from Holly. She’s not in the game of telling you what you want to hear, but what you must hear. She will lay out the options clearly with unswerving, unbiased professionalism so that you can clearly see the road ahead and make the right decisions”.
Simon Lowe - Jagged Globe
"I am extremely grateful for your sound advice and you have made the process of dealing with this extremely straight forward for us."
"I’ve always found Holly to be very responsive and helpful. She responds to my requests for support in a way that increases my understanding of the legislation that we have to act on and implement. Where there is scope for interpretation or options to consider she is forthcoming in highlighting these and I have always found her willing to spend time discussing these with me."
Sue Barraclough - Westfield Health
“Thank you for your understanding and support at a difficult time; you helped me negotiate a good outcome.”
“You gave us excellent advice and helped us get through some difficult discussions with this senior employee.”
These articles provide useful and updated information on different sectors of the legal industry.
Sign up for our free monthly e-newsletter. Please register your details below to receive the latest legal news and developments.
We will not share your details with any third party organisations.
Get expert legal advice from one of Sheffield’s most respected law firms, Wake Smith Solicitors.
Our team of friendly, professional solicitors in Sheffield can provide support and advice in a wide range of areas for you and your business. Call our Solicitors in Sheffield on 0114 266 6660 or fill out the simple form below and we will get back to you as soon as possible.
For all media enquiries, please contact Abby Worsnip or Billy Greenhalgh at www.agentpr.co.uk.
Important – Please read our privacy notice for more information on how we use your data.
Please enter your first name.
Please enter your surname.
Please enter your address.
Please enter your contact telephone number.
Please enter your e-mail address.
Please enter a valid e-mail address.
Please enter what method you wish to be contacted via.
Please select what practice area you are interested in.
Please enter your enquiry.
Please check the box to confirm you are not a robot.
The form has been successfully submited. Thank you for your enquiry.
Monday to Friday
8:30 a.m. – 5:30 p.m.
DX: 10534 Sheffield 1
There is a large public carpark operated by Q-Park underneath our office building, the entrance to which is located on Solly St.
If you have any special requirements relating to accessibility or disabled facilities please contact John Liversidge on 0114 224 2075 or at firstname.lastname@example.org