How To Handle Dismissal

No matter how happy the workplace, at some time the question of dismissal will come up. There may be a situation where the company boss feels that a particular employee is not performing as expected and that it's costing the business money. If that's the case, then your only option may be to consider dismissing that employee. However, it's not a case of making the decision and showing the employee the door. There are a number of procedures that business owners have to follow to comply with current employment law. While it's a good idea to get specialist advice on a case by case basis, here's a guide to some of the issues when handling dismissal of an employee.

Reasons For Dismissal

There are many reasons why company owners can legally dismiss their employees. Some of these reasons have to do with the employee's conduct. If the employee is often absent from work, has a problem with drug or alcohol abuse, is stealing from the company or has a discipline problem, then these are all valid reasons for dismissing that employee. Employees who are off sick for extended periods can also be dismissed, though employers should try to find alternatives. Other reasons why employers might let an employee go have to do with the employee's performance at work. If an employee is unable to perform up to standard, even after training, then that employee's job might be at risk.

Notice

Employers should take advice to make sure that they are not leaving themselves open to a claim for unfair or constructive dismissal. If they are sure that they are on firm ground, then they can dismiss the employee after giving appropriate notice. If the employee has been employed for more than a month but less than two years, then the notice period is one week. If the employment period is two years, then the notice period is two weeks, with one additional week's notice for every year up to 12 years. Other provisions may apply to those on fixed term contracts, apprentices and others. Employees must be paid during the notice period.

Generally, before employers get to the stage of dismissing an employee they will have gone through the disciplinary procedure. This is a three step process where they alert the employee of the problem, have a meeting to discuss it, and give the employee a chance to appeal the decision. Many companies also have a system of written warnings, where employees receive at least two before dismissal is considered.

Deminos are HR Outsourcing and employment law specialists. To find out more please call us on 0191 460 1111 or visit http://www.deminos.co.uk