If you have an employee who is not meeting your expectations, or if they are causing problems in the workplace, you may be considering firing them. Before you do, make sure that you understand your legal rights and obligations. In this blog post, we will discuss 10 tips for unfair dismissal of employees without running into any legal trouble.
How to handle an unfair dismissal?
The first step is to check your contract of employment. This will outline the grounds on which you can dismiss an employee, and will usually state that dismissal must be for a “fair reason”. If your contract does not say this, then you may still be able to dismiss the employee if they have committed an act of gross misconduct.
Tip #1 Consider the reasons for dismissal.
There are five fair reasons for dismissal: capability or qualifications, conduct, redundancy, statutory restriction and “some other substantial reason” (SOSR). If you are considering dismissing an employee for one of these reasons, make sure that you have evidence to support your decision. For example, if you are dismissing an employee for poor performance, keep a record of their performance issues and give them a chance to improve.
Tip #2 Consider using a warning system.
If this is the first time that the employee has been in trouble, you may want to consider using a warning system. This could involve giving them a verbal warning, followed by a written warning and then a final written warning. Each of these warnings should state what the problem is and what will happen if they do not improve.
Tip #3 Gather evidence.
If you do decide to go ahead with dismissal, it is important to have evidence to back up your decision. This could include witness statements, performance reviews or any other documentary evidence.
Tip #4 Follow the correct procedure.
Once you have decided to dismiss the employee, you need to follow the correct procedure. This will usually involve giving them notice by their contract of employment and holding a meeting to discuss the decision. You should also allow them to appeal against the decision.
Tip #5 Get help from an experienced employment law solicitor.
If you are unsure about any of the above steps, or if you need help with drafting the necessary documentation, then you should get help from an experienced employment law solicitor. They will be able to guide you through the process and ensure that everything is done correctly.
Tip #6 Be prepared for a possible claim.
If you do not follow the correct procedure, or if you do not have enough evidence to support your decision, then the employee may be able to bring a claim against you for unfair dismissal. This could result in them being awarded compensation by an employment tribunal.
Tip #7 Seek professional help.
If you are unsure about any of the steps involved in dismissing an employee, you should seek professional help from an experienced employment law solicitor. They will be able to guide you through the process and ensure that everything is done correctly. This is general legal information only and does not constitute specific legal advice.
Tip #8 Consider all your options.
Before you decide to dismiss an employee, you should consider all of your options. For example, if they are having difficulty meeting their targets, you could try giving them some extra training or support. If their conduct is the problem, you could give them a verbal warning or put them on a final written warning. You should only dismiss an employee as a last resort.
Tip #9 Check your contract of employment.
Make sure that you have a good reason for dismissal and that you follow the correct procedure. If you do not, the employee may be able to bring a claim against you for unfair dismissal. Seek professional help if you are unsure about any of the steps involved in dismissing an employee. This is general legal information only and does not constitute specific legal advice.
Tip #10 Write everything down.
Whenever you are dealing with an employee issue, it is important to keep a record of everything that has happened. This could include emails, witness statements, or performance reviews. This will help to support your decision if you do decide to dismiss the employee. It will also help to protect you from any false claims that they may make against you.
Conclusion
Dismissing an employee is a serious decision and one that should not be taken lightly. If you are considering dismissing an employee, make sure that you follow the above steps to minimise the risk of a claim being made against you. Seek professional help if you are unsure about any of the steps involved in dismissing an employee. This is general legal information only and does not constitute specific legal advice.
