Regardless of the service requirement having increased to two years in 2012, unfair dismissal claims remain to be common types of claims brought in Employment Tribunals (ET), and now more often than not they are ‘dressed up’ as automatic unfair dismissal claims (i.e. those not requiring the service requirement). So I thought I would put together a quick reference guide for you to consider before you dismiss your employee.
1. Follow the ACAS Code on disciplinary procedures which includes carrying out the following:
- A careful and fair investigation of the issues;
- Inform your employee of the issues of concern in writing setting out a date for a disciplinary hearing and informing them the right to be accompanied;
- Conduct a disciplinary hearing, ensure minutes are taken and agreed;
- At the hearings, explain the complaint and go through the evidence;
- Allow your employee a reasonable opportunity to ask questions, present evidence and call witnesses (if appropriate);
- Inform your employee in writing of the outcome of the hearing and provide them with the opportunity to appeal within a reasonable time frame; and
- If your employee appeals then ensure that you provide them with a fair appeal hearing, following the principles outlined above, and ensure, wherever possible, that the appeal hearing is heard by an independent person.
2. Make sure your actions would be regarded as falling within the range of reasonable responses by a reasonable employer.
3. Fair reasons for dismissal are:
- Capability or qualification;
- Conduct;
- Redundancy;
- Legality; and
- Some other substantial reason (this can amount to a number of things).
4. Constructive unfair dismissals: think about whether a resignation can amount to being a dismissal?
5. Time Limits: your former employee has 3 months less one day from the date of dismissal to commence early conciliation, so if you have not been contacted vy ACAS during this period then you can breathe a sigh of relief and carry on doing what you are best at – running your business.
As always if I can provide you with any further assistance on dismissing your employee or any other issues, please do not hesitate to contact me for a free consultation on 01133 50 40 30 or at hello@scesolicitors.co.uk.
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SCE Solicitors is a boutique employment law and dispute resolution practice based in Leeds which advises clients nationwide. Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.
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