There are times when dismissing an employee is exactly the right course of action to take, and the law recognises that.
However, even if the reason for dismissal is absolutely valid, you need to ensure that you can demonstrate that you followed a fair and
appropriate procedure, before dismissing the staff member.
Some of the basic procedures that you must follow are statutory and vary depending on the type of dismissal you are considering
(e.g. dismissal on the grounds of redundancy, misconduct, ill-health, etc). The fairness of other procedures has been established
through case law developed in the Employment Tribunal. This is constantly changing and it is very difficult for small employers to keep up to date.
Many employers only worry about following a fair procedure when they face a particular issue - for instance when an employee steals company
property or money; or when an employee starts regularly arriving late for work. This can be too late. It is much better to ensure you have
procedures in place before you need them, in terms of monitoring attendance, performance or conduct. This can be done quite easily
without creating a lot of work for you. It can help set the right culture in your business and provide evidence of good practice if you need
it subsequently when facing a claim.
To find out more about what procedures you should have in place contact us.
