Unfair Dismissal

This is where the employer dismisses the employee. The essence of a fair dismissal is firstly that the reason for dismissal is one that falls within those listed in the Employment Rights Act 1996, secondly, that the investigation/disciplinary process is fair and reasonable and finally, the decision to dismiss falls within the band of reasonable responses.

The disciplinary procedures are designed so as to allow for a reasonable investigation/disciplinary process to be carried out as well as complying with best practice. However, of greater importance is what is actually said and done within the meetings and the further investigations that are carried out. This will determine whether a dismissal is substantively fair or unfair. For this reason, it is important that written records are made and kept of everything that is said and done in the meetings as well in correspondence with the employee.

All meetings will need to be minuted and will then need to be sent to the employee for him/her to sign confirming that they agree they are an accurate record of what was said at the meeting(s). This paper trail will be vital should any claim be brought against the business.

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