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It is inevitable that at some stage of a business' life, an Employee may be dismissed. Dismissal occurs when (i) the 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.


Employers must set out their dismissal and disciplinary rules and procedures in writing. The procedures should comply 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 the Employee compensation. Failure to follow a written procedure can result in higher amounts of compensation being payable.


In circumstances where an Employer has concerns about an Employee's conduct (Poor Conduct) they must follow the procedures accordingly. This should involve an informal procedure followed, if required, by a formal process. This process will involve the issuing of warnings and if the agreed targets for improvement are not met then dismissal may follow.


Poor Conduct Documents - Disciplinary and Dismissal - Employer Pack contains letters dealing with:


  • Notice of disciplinary meeting;
  • First written warning;
  • Final written warning;
  • Notice of improvement;
  • Employee's non attendance at meeting;
  • Notice of dismissal hearing;
  • Notice of dismissal;
  • Notice of appeal meeting; and
  • Outcome of appeal.