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Tag Archive

5 Things Every Employer Should Know Before Dismissing An Employee

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.

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The battle against capability and conduct procedures

Some industries use slightly modified disciplinary procedures when dealing with capability and conduct. However does this give rise to employers being able to freely choose which procedure to use with which employee?

This issue was dealt with in the Court of Appeal in Welch National Opera Ltd v Johnson which looked at the interplay of two disciplinary procedures, following the dismissal of the principal oboist in the company’s orchestra.

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