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Employment Law for Employers

Dismissal

Not every employee will be a success story for your business and you may feel you have grounds to dismiss an employee due to their performance, capability or misconduct.  It is vital that should you find yourself in this situation, you seek legal advice prior to dismissing them to avoid a potential Employment Tribunal claim against them and to safeguard your business.  

Our Dismissal Solicitors are here to guide you through decisions such as this, advising as to whether you have grounds for dismissal, how to do so fairly or to assist if a claim for unfair dismissal, constructive dismissal or wrongful dismissal has been brought against you.

Types of Dismissal Claims

There are three claims that could be brought against you by an employee if they feel they have been dismissed unjustly, including:

  1. Unfair dismissal: This is perhaps the most common form of dismissal claim that can arise for various reasons:
    1. Inadequate reason - your employee may feel that there was not a valid reason for their dismissal, whether that was misconduct, poor performance or redundancy.
    2. The procedure was unfair - when conducting any form of dismissal, there must be a fair and transparent process involved following your own policies.  If this is not done, your employee could have grounds for a claim.
    3. Automatically unfair reasons - any dismissal that is related to discrimination, trade union activities, employment rights or whistleblowing could be classed as automatically unfair.  
  2. Constructive dismissal: A claim of this nature can arise if an employee feels they have no other option but to resign from their role due to your actions, such as a breach of contract or failure to address grievances they have raised.  
  3. Wrongful dismissal: A wrongful dismissal claim could be brought if you have dismissed an employee without providing proper notice or payment in lieu of notice (PILON), or if you have violated the dismissal terms of their contract.  

How to avoid Dismissal Claims as an employer

There are various forms of best practice that you should adopt to enable you to make dismissals as and when you need to, and to reduce the risk of a claim being brought against you:

  1. Establish clear policies for dismissal and ensure that these are followed during any dismissal procedure.
  2. Provide regular training to managers on these policies to ensure a consistent approach across your business.
  3. Document performance issues, misconduct and any disciplinary process thoroughly.
  4. Address grievances promptly and impartially, following your own grievance procedure.
  5. Regularly review and update employment contracts and policies to minimise ambiguity.
  6. Clearly define notice periods and dismissal procedures in employment contracts.
  7. Seek legal advice to ensure all your policies, procedures and employment contracts are legally compliant and that your actions adhere to those policies.

    How to act if an Employment Tribunal Claim for dismissal is brought

    We appreciate that receiving a claim against you will be daunting as there could be far reaching consequences for your existing staff, their morale, productivity, as well as for your external reputation.  

    Our Dismissal Solicitors are here to advise you at every stage of the claim, assessing the merits of the claim being brought, carrying out a review of your documentation, performing any negotiating required and helping you prepare for Tribunal proceedings, should this be necessary.

    Contact our Dismissal Solicitors

    Our Employment Lawyers are dedicated to helping employers navigate dismissal claims with confidence. By understanding the grounds for different dismissal claims and implementing proactive measures, you can minimise the risk of legal challenges. Contact our Dismissal Solicitors for personalised legal advice tailored to your specific situation by calling your local office in Andover, Romsey, Salisbury, Totton or Witney, using the Contact Form or emailing info@parkerbullen.com.