We provide advice on dismissing employees. There are currently five potential fair reasons for dismissal:
- Conduct e.g. theft, unauthorised absence from work, insubordination, failed drug test
- Capability e.g. where the employee is not performing to the required standard or has ill health
- Statutory illegality i.e. where it is illegal to employ such as where the employee does not have permission to work in this country
- Some other substantial reason e.g. unreasonable refusal to accept changes to terms and conditions of employment or a breakdown in relationship
We can assist you with determining whether you have a fair reason for dismissal and ensuring that you follow a reasonable investigation and the appropriate dismissal procedure. We can also advise you of when the ACAS code on Disciplinary and Grievance Procedures applies and, if it does, the consequences of failing to comply with it, including potential uplifts to tribunal awards.
We can also advise you of the risk of a successful tribunal claim when dismissing an employee and how best to minimise those risks. Where appropriate, we will advise on a severance package and facilitate termination negotiations under a settlement agreement.