An employer is able to dismiss an employee at any time. However, in normal circumstances, the employee must be given notice either in accordance with his contract of employment or in accordance with the statutory minimum periods of notice that apply.

In addition, the employer must behave reasonably in the manner he dismisses the employee otherwise he/she will succeed in a claim of unfair dismissal provided he/she has at least one year's service with the employer.

In certain circumstances, instant or summary dismissal is sometimes appropriate i.e.: dismissal without notice for gross misconduct.

Firstly, the main reason for the dismissal must be either:-

• The employee is unable or unqualified to do the job possibly because of medical reasons.
• The employee's conduct is unacceptable
• Redundancy
• A legal requirement prevents the employee from doing the job
• Some other substantial reason

Secondly, the employer must act reasonably in deciding to dismiss rather than taking a lesser form of disciplinary action. A proper investigation must take place with an opportunity for the employee to put his case forward and to take a companion such as a work colleague or Trade Union representative, if appropriate

STATUTORY DISMISSAL PROCEDURES

In all cases, employers must follow the statutory dismissal procedures contained in the Employment Act 2002 which involve writing to the employee in question at least 48 hours in advance of a formal disciplinary hearing explaining the charges against him/her and allowing an appeal.

If an employer fails to follow the above process then the dismissed employee will succeed in a claim of automatic unfair dismissal and will be able to claim additional compensation.

See full Statutory Disciplinary/Dismissal Procedures here.

• Dismissal for being the member of a trade union
• Dismissal for being pregnant or taking maternity leave
• Dismissal related to raising concerns over health and safety
• Seeking to assert an employment right (e.g. right to minimum wage)
• Dismissal related to the transfer of a business or undertaking
• Dismissal for disclosing details in the public interest

ACT QUICKLY - ACT NOW

Employees have three months from the date of dismissal to make a claim of unfair dismissal to the Employment Tribunals.

Contact us now for a free assessment of your case whether you are an employee or employer:THE PINNACLE PARTNERSHIP or by telephoning us on the number below.

THE PINNACLE PARTNERSHIP IS REGULATED BY THE MINISTRY OF JUSTICE IN RESPECT OF REGULATED CLAIMS MANAGEMENT ACTIVITIES. ITS REGISTRATION IS RECORDED ON THE WEBSITE www.claimsregulation.gov.uk