You may wish to dismiss an employee for a variety of reasons, however in doing so, you must follow a correct procedure in order to avoid unfair dismissal claims against the company. 

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The right not to be unfairly dismissed generally arises when the employee has been continuously employed for a period of at least 2 years. However, remember that:

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•    There are exceptions to this rule – such as pregnancy, reasons relating to health and safety, or asserting a statutory right
•    The new Labour government has proposed new rules to scarp the 2 year rule for unfair dismissal.

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Therefore, before you decide to dismiss an employee, it would be worth to book a consultation with me to minimise any chances for the employee submitting a claim for unfair dismissal.

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You must show that the reason for dismissal was one of a list of potentially fair reasons, which include:

•    Capability
•    Conduct
•    Redundancy
•    Breach of statute, and
•    Some other substantial reason. 

If you establish a potentially fair reason for dismissal, the Tribunal will consider whether the dismissal was fair or unfair having regard to all of the circumstances of the case, including the company’s size and administrative resources.

You must also follow a correct procedure, such as rules in relation to investigation, meetings and the right to appeal.