Sometimes, it is necessary to end an employment relationship with an employee. This can be for a whole host of reasons, including misconduct, performance, attitude, or simply a failure to shine during the probationary period. In all but a few cases, it is necessary for employers to have a fair reason for dismissal, and to follow a proper procedure, before giving notice of the termination of an employee’s employment.
The Alan Sugar “you’re fired” approach, whilst direct, would not be legally compliant in the world outside of TV! To assist with the procedure, please refer to the sections on Discipline and Grievance and Performance Management, which contain useful information and guidance on the correct procedure to follow.
Legally, there are 5 potentially fair reasons for dismissal. These are capability or qualifications, conduct, redundancy, illegality, and "some other substantial reason". Of those fair reasons, redundancy is one that employers generally turn to when levels of work drop off in the business and there is a need to cut staffing costs. Redundancy is a complex area of law and not something which should be undertaken lightly; please contact one of the team if you are contemplating making redundancies.
Where it is necessary to terminate an employee’s employment, after following the procedure and seeking advice from one of our team, the letters and guide below will assist in concluding the process. In addition, the letters can be used to record the situation when an employee resigns.
Please note that we recommend that you seek legal advice from our experts in all cases before dismissing an employee.
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