· Redundancy
· Capability
· Misconduct
· A statutory reason
· Some other substantial reason
Be aware that, even if a reason for dismissal is self-evident, such a dismissal will be unfair if you do not act reasonably in carrying it out by following a fair procedure.
Be aware that what is a reasonable procedure will differ depending on whether the dismissal is for misconduct, capability or redundancy.
When dismissing for misconduct carry out an investigation, give the employee notice of charges allowing him or her to state his or her case at a disciplinary hearing with representation and give him or her the right of appeal.
In the context of a capability dismissal on performance grounds, investigate the reasons for underperformance, consider offering training, set reasonable targets and time periods for improvements and warn of dismissal in the event of insufficient improvement.
In dismissing on the grounds of ill health consult with the employee, give warning of the possibility of dismissal, fully investigate the underlying medical problem and prognosis and give consideration to alternative employment before moving on to dismiss. Make sure that where the employee has a disability you consider the requirements of the Disability Discrimination Act 1995.
For redundancy dismissals warn and consult at all stages with the employees, select an appropriate pool, select objective criteria, apply them fairly and consider alternative employment.
In the case of dismissals for any of the above reasons be aware that you risk a finding of unfair dismissal if you fail to follow procedures that you have in place.
In addition to following any internal procedures ensure that you comply with the statutory minimum dismissal and disciplinary procedures – see below.
The 3-step process
Disciplinary and Grievance
Step 1 – Put it in writing
In the case of dismissal or disciplinary action being considered, the Company must put in writing why that action is being considered. Similarly, if the employee has a grievance, they must put the reasons for the grievance in writing to the Company.
Step 2 – Meet and discuss
In either case, after allowing time to consider the issues raised, the Company must meet with the employee to discuss the issues. After that meeting the Company must inform the employee of their decision and of their right of appeal (the employee must appeal to complete the process).
Step 3 – Appeal – if required
The Company must meet with the employee to discuss the issues. Following that meeting they will inform the employee of their decision.
The employee has the right to choose to be accompanied by either a work colleague or trade official to both meetings.