Following on from our articles on the five fair reasons for dismissal we thought it would be useful to provide you our five simple top tips: Follow the process, don’t break the law: Do not leave yourself open to an unfair dismissal claim, even if this is not successful it is time consuming and costly. […]
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This is the catch-all alternative reason for dismissal where it does not fit into any of the other four categories. For dismissal to be fair you must show that you had good grounds for believing that the employment relationship must come to an end. Typical examples of SOSR dismissals are: If […]
If an employee’s job role is dependent on them holding a qualification, and they proceed to lose that qualification what do you do? For example, if an employee role is a delivery driver, and they lose their driving licence are you legally able to dismiss them? In short, yes. However, you have […]
Dismissal on the grounds of conduct is different to capability as this is a matter of choice by the employee, they refuse to do the work that was reasonably requested of them or refused to behave in a reasonable professional manner as required by their employee contract. Normally a single act of misconduct would not […]
To dismiss an employee on the grounds of capability, you must be able to demonstrate that they cannot do the work that is reasonably required of them. For example, this could be they cannot work to the level of skill required for the job; they cannot carry out certain aspects […]
We spend a lot of time writing articles and training managers on “how to develop your team”, “improving performance” and other positive behaviours but what if they don’t work? Occasionally in every business there will be that one employee who just does not want to improve or just cannot perform their role. At Simple HR we believe your employees […]
Deciding to dismiss an employee is an upsetting time for any employer. So don’t make things any worse by getting it wrong. 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 […]