Dismissing staff can be very stressful and difficult emotionally, there are also many myths and rumours about what you can and can’t do. This section brings some clarity that will hopefully minimise the stress.
Reasons for dismissal that are more likely to be considered fair are:
Reasons for dismissal that will be considered unfair and therefore open you to risk of a claim against your business are:
No they can’t.
Employees must have at least two years employment with you before they can make a claim.
But there are some exceptions to the rule. If the claim is made on the grounds of discrimination under the Equality Act 2010 or discrimination for exercising certain statutory rights then they do not need the 2 year qualifying period to take a claim.
Freelancers, independent contractors and self-employed are not entitled to bring a claim.
Employment tribunals will take into consideration whether an employer has followed the ACAS code of practice. Whilst it’s not legally enforceable it will be difficult to argue why you haven’t followed and won’t earn you any favours with the Judge if you don’t.
If you want to dismiss an employee it is usual to follow a formal disciplinary process first if the reason for dismissal is poor conduct. If you are coming to the end of a fixed term contract then you need to ensure you issue notice of the termination of employment in accordance with the contractual terms and agreement. Let’s look at the more complex process of dismissing staff for poor performance.
The simple answer is no, you would jeopardise the objectivity and fairness of the dismissal process if you recruit somebody before a decision has been made. You also leave yourself wide open to a claim against your business.
These documents are free and are there to help with disciplining staff.Read more
There’s a range of blogs, websites and books devoted to effective management and to spend time reading through them could mean you're actually dedicating less time to managng your staff. This article looks at some of the fundamentals you need to think about with regards to managing your staff effectively.Read more
Register or Login to add this article to your reading list.