Dismissing an employee is never an easy process and should always be the last resort. Yet sometimes it can become unavoidable.

Whether the dismissal is a result of an employee’s misconduct, poor performance or a redundancy situation, following a correct procedure throughout is vital.

At LawforEmployers we provide dismissal advice to businesses who are seeking to terminate the employment of an employee, helping them avoid putting the business at risk of an unfair dismissal claim.

We advise businesses on whether they have a valid, fair reason to dismiss and on the procedure they are required to follow, protecting the business from a potential unfair dismissal claim.

Our expert employment solicitors have the background knowledge to ensure that you follow the correct procedures. This can help you avoid the hassle and potential cost of an Employment Tribunal.

A fair reason and a fair procedure

A dismissal will normally be fair if the reason for dismissal is:

  • related to the conduct of the employee
  • related to the capability of the employee
  • because of a redundancy
  • because a statutory requirement prohibits continued employment
  • some other substantial reason justifying dismissal

If an employer dismisses an entitled employee without one of these fair reasons, an Employment Tribunal will deem the dismissal unfair. Likewise, a dismissal with a fair reason may also be deemed unfair if a fair procedure is not followed.

Dismissing an employee with less than 2 years’ service

When dismissing an employee, some employers are under a common misconception that employees who do not have the qualifying 2 year period of service are unable to bring a successful unfair dismissal claim.

Employers should beware, as this is not the case. Some reasons for dismissal are deemed automatically unfair irrespective of the employee’s length of service.

How can we help you?

Seeking legal advice early is essential when a business is considering the dismissal of an employee.

At LawforEmployers, we are here to provide initial advice at the outset of any issue with an employee, right through to providing representation if an unfair dismissal claim is brought against you. However, our aim is to provide you with an advice and support system which ensures you are protected from potential claims.

Our specialist employment solicitors are here to advise you on all the important decisions involved in dismissing an employee.

Need dismissal advice now? Our expert employment team is here to help you

Our specialist employment solicitors are available to provide comprehensive consultation, guidance and legal support.

To discuss your circumstances with an employment law expert, call us today on 01282 695 400. Or if you would like to arrange a call-back, simply compete our quick online contact form and we will be in touch with you shortly.