There are various types of dismissal but the decisions must all be taken fairly, consistently and communicated correctly.
Throughout the whole process you must also act reasonably, proportionately and fairly.
To dismiss any employee you must have a potentially fair reason; follow a fair process and behave in a similar way to a similar employer. It is important to understand that legally fair can sometimes be counter intuitive for example, at tribunal it was decided that it was unfair to summarily dismiss a night security guard who was found asleep at his desk
Simple HR’s Top Five Tips for Getting It Right:
- Get your facts straight – make sure you know the reason why they are being dismissed and ensure it is a legitimate reason, it is essential to complete an adequate investigation.
- Make sure they know why they what the reasons are – communicate it correctly and always back it up in writing
- Have the evidence – all of it! This includes supporting evidence from colleagues and share it openly.
- Medical Reports – if you need them, get them and make sure you read them
- Follow procedure – if you do not follow the proper procedures there are several legal implications which could prove time consuming and costly exposing your company to tribunal action.
In summary you need a reasonable reason, you must act reasonably and you must follow a fair process.
Dismissal is a complex process with various unpleasant implications; please contact us today for some straightforward advice in dealing with sensitive situations.