Dismissal

Introduction

At some stage, many businesses will face the difficult task of having to dismiss an employee or a group of employees.

Dismissal is serious and you need to be sure it's handled correctly. Effective recruitment, training and management from the start of employment will help you minimise the risk of poor performance, and therefore dismissal.

As of 1 October 2004, there are new statutory procedures in force which apply to many dismissals.

When dismissals do become necessary there are steps you should take to avoid unfair, wrongful and constructive dismissal claims.

This guide provides information on:

• types of dismissal
• policies and procedures employers can put in place
• where employers can get further information

But remember, you should have drafted contractual provisions, policies and procedures carefully so that you and your employees are clear about rights and obligations.

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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