Dismissal

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 020 7870 1090 or visit http://www.deminos.co.uk
 

The Ins And Outs Of Constructive Dismissal

Could your former employee bring a case for constructive dismissal? If you're not sure what constructive dismissal means and how to avoid it then read on. Getting this information will help you to stay on the right side of the law and avoid costly payouts that could put your company's finances under strain. First of all, let's look at what this type of dismissal really is. If you do something that forces an employee to leave, even if you haven't actually sacked them, then that employee may complain of constructive dismissal.

This type of dismissal is not very easy for employees to prove, though there are some situations that make it obvious. These could include:

  • making employees work in unsuitable or dangerous situations and conditions
  • changing the terms of employees' contract without their agreement
  • demoting an employee
  • failure to pay an employee
  • instigating or allowing bullying or harassment

Wrongful Or Unfair Dismissal

Another aspect is whether the dismissal is wrongful or unfair. If you force an employee to leave by breaching their contract, then this is wrongful dismissal. Remember, when you hire an employee, you offer certain terms in a letter or contract that set out the terms of your working relationship. There may also be implied terms that affect the way you work together. When failure to stick to these leads to an employee leaving, then you could be facing a case for wrongful constructive dismissal.

A dismissal is unfair if you don't follow the procedures set out in your contract or staff handbook. In general, these procedures allow for a system of warnings, in which there is written evidence of both your grievance as an employer and the employee's response to that. Forcing an employee to leave without a good reason also counts as unfair constructive dismissal.

Generally, employees will usually go through the grievance procedure before bringing a case for unfair dismissal. However, if this process fails, then you could be facing an employment tribunal. The compensation you will have to pay differs depending on the type of dismissal. If the dismissal is judged to be wrongful, then you will have to make up the appropriate pay for the notice period. However, if it is deemed to be unfair, then you will have to make up the amount that the employee would have earned to that point. Constructive dismissal can be costly; make sure you avoid it.

Deminos are HR Outsourcing and employment law specialists. To find out more please call us on 020 7870 1090 or visit http://www.deminos.co.uk
 

Are You At Risk Of An Unfair Dismissal Claim?

Are you at risk of having an employee whom you've fired make a claim for unfair dismissal? As a company owner, you have the right to hire and fire, but only under the right circumstances. The Employment Rights Act 1996 covers this tricky area. It sets out a number of cases where dismissal of an employee is automatically unfair. All employees who are dismissed on one of these grounds have the right to make a claim, no matter how long they have been working for you. There are also other grounds which may be grounds for claims; however, these have a one year qualifying period. Here's a guide to the automatic ground for unfair dismissal.

Some of the rules relate to trade union activities. Employees cannot be dismissed for belonging to a trade union or refusing to join a trade union. If they are trade union members, then they are allowed to carry out union activities at a time that's appropriate. Employees who are made redundant as a result of their involvement with a trade union also have grounds for a claim, as do those who are made redundant on any ground that would have been unfair if they had been fired.

Grounds For Dismissal

Dismissal because of gender, race, age or disability is also automatically unfair. However some employees may decide to claim for discrimination instead, which is potentially more costly. Workers who are pregnant or entitled to maternity leave or pay who are dismissed also have the automatic right to make a claim, and this also applies to workers who are dismissed because of taking parental or adoption leave. No one can be dismissed because of seeking to work flexible hours or because of asserting their rights to equal treatment as part time workers.

There are many other grounds for making an unfair dismissal claim, including dismissal because of seeking to earn the minimum wage, or because of asserting the right to be accompanied to a disciplinary hearing. The law changes frequently and it's important to keep up to date. All these potential claims are a minefield for company owners, who may struggle to keep abreast of changes in the law. One of the solutions is to get professional advice from a firm which can keep you up to date with the law and can assist you in case there is a claim. Unfair dismissal can be costly, so make sure you are informed.


Deminos are HR Outsourcing and employment law specialists. To find out more please call us on 020 7870 1090 or visit http://www.deminos.co.uk