Columnist

5 things to think about before dismissing someone

If you find yourself needing to dismiss an employee (and we hope you don’t!), there are several critical questions you need to ask yourself beforehand.

The cost of getting it wrong? Unfair dismissal claims and costly tribunal cases. Here at Citation, our HR & Employment Law specialists know exactly what it takes to keep you on the right side of the law, and they’ve put together five expert considerations for you.

Does the reason actually constitute fair dismissal?

Every employee has the right to not be unfairly dismissed, so make sure your reason for dismissal is fair. The five fair reasons are: misconduct; lack of capability; redundancy; a statutory ban or restrictions that prevent employment being continued; or some other substantial reason to justify dismissal.

Can dismissal be avoided?

Where possible, you should try to avoid dismissal. Providing the issue doesn’t fall under gross misconduct, consider whether it can be resolved informally through a meeting, or by following a formal disciplinary procedure.

Your disciplinary procedure should set out what constitutes gross misconduct. A couple of examples of this might be gross negligence or physical violence.

Are there grounds for discrimination claims?

Under no circumstances should you dismiss an employee based on discriminatory grounds. This will open you up to unfair dismissal and discrimination claims. The following are protected characteristics that cannot be used against an employee: age; disability; gender reassignment; marriage or civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

Do you have a procedure in place?

A tight disciplinary procedure can help protect you from unfair dismissal claims. A robust disciplinary procedure should follow eight core steps:

• Be in writing
• Not be discriminatory
• Be dealt with in a timely manner
• Inform the employee of their rights and the evidence against them before the first meeting
• Allow the employee to be accompanied by a work colleague, or an accredited trade union official
• Be backed up by solid evidence
• Give the employee the opportunity to have their say
• Allow the right to appeal

Do you have sufficient evidence?

Make sure you have enough evidence to back-up your allegations. Remember, you cannot simply rely on hearsay; you need to collect tangible evidence – like a witness statement or documentary evidence.

Help when you need it

For market-leading help and advice on any of your business’ HR & Employment Law challenges, visit citation.co.uk or give us a call on 0345 844 1111, and one of our friendly experts will be with you right away.

This was posted in Bdaily's Members' News section by Citation .