Dismissal

Avoiding unfair dismissal and the consequences of getting it wrong

If you are thinking of dismissing an employee, make sure you follow fair and proper procedures before taking any action to dismiss them. As of 1 October 2004, employers are required to follow new statutory discipline and grievance procedures. Failure to follow them will lead to a finding of unfair dismissal and may increase any compensation payable.

Download information about disciplinary and grievance procedures from the Acas website (PDF). Also see our guide on handling discipline and grievance issues.

Following these procedures can help you avoid the negative effects of a tribunal claim such as:

• wasted time, eg preparing for the hearing
• costs, eg compensation award to the employee or solicitor's costs
• lowered workplace morale
• damaged reputation

Penalties for unfair dismissals

If an employment tribunal finds an employee has been unfairly dismissed, it may order the employer to reinstate or re-engage them.

More commonly, a tribunal will award compensation, including a basic award which depends on the employee's age, gross weekly pay and length of service, and a compensatory award.

Subjects covered in this guide

• Introduction
• Types of dismissal and qualifying periods for tribunal claims
• Dismissing fairly
• Unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on performance grounds
• Dismissals on capability grounds
• Dismissals relating to industrial action
• Notice periods
• Final payments and other matters

 

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