It is inevitable that at some stage of a business' life, an Employee may need to be dismissed. Dismissal occurs when (i) Employer ends the contract; or (ii) a limited-term contract ends and is not renewed; or, (iii) the Employee resigns as a result of the Employer’s actions.
All dismissals must be fair. What is fair depends on the reason for dismissal and whether the Employer acts reasonably during the dismissal process depending on the circumstances. If a contractual term is broken during the dismissal process then the dismissal will be wrongful.
Potentially fair reasons for dismissal include: (i) conduct; (ii) capability; (iii) redundancy; and, (iv) retirement.
An Employee must have been employed for at least one year before having the right to claim unfair dismissal. However there are automatically unfair reasons for dismissal which, if applicable, do not require an Employee to have been employed for a year before being able to make a claim.
An Employer must set out their dismissal and disciplinary rules and procedures in writing. All policies should accord with the ACAS Code of Practice on Discipline and Grievance.
Failure to have a written procedure can lead to an Employment Tribunal ordering an Employer to pay an Employee compensation. Failure to follow a written procedure can result in higher amounts of compensation being payable.
This Disciplinary and Dismissal Policy:
This Policy template is in accordance with the minimum legal requirements and the ACAS Code of Practice. It sets out a framework consisting of an informal procedure, followed by a formal procedure. It allows for matters to be investigated and disciplinary meetings to be held. It covers the issuing of warnings followed by dismissal where there has been no improvement or in cases of Gross Misconduct. The framework also provides an opportunity for the Employee to Appeal a decision.