|
There are 6 potentially fair reasons to dismiss staff; Conduct, Capability, Redundancy, Retirement, Statutory Illegality and Some Other Substantial Reason.
Each case will vary and different steps need to be taken, but as an absolute minimum, a dismissal would usually require you to follow the statutory dismissal and disciplinary procedures (or your own procedure, assuming that it is at least as substantial and fair as the statutory procedures).
If the correct procedures are not followed could potentially face a claim for breach of contract, unfair dismissal or wrongful dismissal.
Can I dismiss a member of staff who is still under their probationary period?
Although dismissal of an employee with less than one year's service can be tempting, if they are dismissed without you following the statutory minimum dismissal procedure i.e. you need at least one formal meeting, they may choose to make a complaint for breach of statutory rights. Employers who do not make the full disciplinary procedure available to those on probation or in their first year of service should ensure that they at least inform the employee in writing about their concerns and meet with them to discuss these before making the decision to dismiss. All employees, no matter what length of service, have the right to appeal, and so it is essential that you ensure this is communicated to the employee when writing to confirm the outcome of the meeting.
What would happen if we do not follow the Acas Code of Practice on discipline and grievance issues when dismissing staff?
The Acas Code of Practice provides basic practical guidance to employers, employees and their representatives. The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry.
A failure to follow the Code does not, in itself, make you liable to proceedings. However, the tribunal will take the Code into account when considering whether you have acted as a reasonable employer. Tribunals are able to adjust any awards made in relevant cases by up to 25% for unreasonable failure to comply with any provision of the Code.
I have caught my employee 'red handed' stealing; can I dismiss him on the spot?
Even in circumstances where the employees behaviour is clearly gross misconduct and lays them open to immediate dismissal, this should still not be done without a formal procedure and investigation into the incident in question. It would be best to suspend the employee while an investigation takes place and invite them in writing to attend a formal hearing, prior to making a decision. Don't forget that all employees have the right to appeal.
Can you dismiss an employee without giving notice?
Dismissal for reason of gross misconduct is the only time when notice doesn't have to be given. All other dismissals must honour either statutory or contractual notice periods (whichever is the greater).
I have been advised that I should not inform an employee of a decision to dismiss whilst in the disciplinary meeting. Why?
The reason why you shouldn't is that a very quick decision may make it look as if you made the decision before hearing their side of the story. It is always best to take additional time to go over the information that you have, and any additional information that has been supplied by the employee in the meeting before you make a decision. In cases where an employee may be dismissed, it is always advisable that you take 24 hours after the final meeting to review all information provided.
|
