Business Owners’ Guide to Dismissals

Perfect HR gives up-to-date advice to business owners and directors on employment law including how to dismiss a problematic employee, based on the Acas Code of Practice.
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Are you having trouble with an employee consistently causing you problems and issues? Sometimes it’s difficult to dismiss an employee just in case you get it wrong and face a tribunal. Best practice is to take a step back and get that all-important advice and help you need.

Call the Perfect HR team now on 1010101*** or email info@perfecthr.co.uk for free advice. Speak to our experts to help solve your issues around dismissals.

Some of the Basics about Dismissals

Dismissals include terminating a contract, redundancy, unfair dismissal, wrongful dismissal and constructive dismissal.
Dismissing employees should be the last resort and employers should carry out necessary investigations without unreasonable delay to establish the facts.

There are five 5 Fair Reasons for Dismissal

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Misconduct or Gross Misconduct such as theft, fraud, dishonesty, a breach of confidentiality, serious act of insubordination, malicious damage, internet or email abuse, assault and/or fighting, gross negligence, abusive behaviour.

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Capability/Performance including issues such as lateness, absenteeism and persistent absence through illness or injury, either short-term or long-term.

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Redundancy. Make sure you make the position (job tittle) redundant and not the person

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Statutory illegality or breach of a statutory restriction: This category isn’t often used. It can be used when continuing to employ someone would mean that you are breaking the law. For example, the employee’s right to work in the UK expires.

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Some Other Substantial Reason (SOSR) such as when a client of your business refuses to work with an employee and there is no other work that employee can undertake, etc

Good Practice

Before dismissing an employee make sure the full procedure is correct and in writing. You can give an employee written warnings 1st , 2nd etc, a letter of concern, a first and final warning, suspension on full pay while you investigate the reason for the termination. You must make sure you have the correct policies in place so as you can take that action.

Example of Incorrect Process

‘If you sack an employee for drinking at work, he may have the right to take you to tribunal for unfair dismissal if you do not have the correct policy in place as well as making sure the whole procedure is correct. So in your documentation have an alcohol policy that stipulates no drinking at work or smelling of alcohol while at work. You can if you feel necessary, explain in your policy that you have the right to give your employees a breathalyser test, and if you have found out that they have been drinking you have the right to terminate their contract of employment. Please make sure you always go through the correct procedure.’

Support from Perfect HR’s Team of Experts

Perfect HR are here to help business owners with free of charge advice, which will help you solve your issue with a lot less stress, time and money. You’ll also be given an opportunity to sign up on a short term contract with Perfect HR, which will help you in the future, giving you peace of mind that you can cope with any issue an employee puts in front of you.

We are here and ready to offer you the free advice based on the Acas Codes of Practice. Call now on 0111********-and get the help you require.

Contact us

Phone

 07702 478414

Email

enquiries@perfecthr.co.uk

 
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