Dismissing an employee needs careful handling. A fair reason and a fair process both matter; treating dismissal as a quick administrative step can create serious problems.
Keep disciplinary and dismissal procedures clear and accessible. Before taking action, review the circumstances, the contract and the current rules.
Investigate before deciding
Establish the facts fairly and give the employee a proper opportunity to respond. For disciplinary matters, the Acas Code of Practice sets out the main principles.
A fair process generally includes:
- Investigating the concern before deciding on disciplinary action.
- Explaining the issue and possible consequences in writing.
- Holding a meeting at which the employee can respond.
- Allowing accompaniment where the right applies.
- Communicating the decision and providing an appeal.
Keep records of the evidence, meetings and reasons for decisions. Apply procedures consistently while considering the particular facts.
Gross misconduct still needs a process
Serious misconduct may justify dismissal without notice, but it does not remove the need to investigate and hear the employee’s explanation.
Policies should explain the kinds of behaviour the employer regards as gross misconduct. Whether a particular incident meets that description depends on the circumstances.
Do not treat suspension or dismissal as automatic. Get advice on the appropriate next step before making a decision that is difficult to reverse.
Check which procedure applies
Conduct, capability and redundancy involve different issues. A disciplinary process is not a substitute for considering the requirements of the actual reason for dismissal.
Length of service is not the only consideration in assessing employment rights. Check the current GOV.UK guidance on fair dismissals and obtain employment-law advice about the particular case.
Once a decision is properly reached, confirm the arrangements in writing and ensure final pay and related records are handled correctly.