As an employer, there will likely be times when you will need to dismiss a staff member. However, when you dismiss staff, you must ensure that it is fair. Otherwise, you could face a claim for unfair or wrongful dismissal. To ensure the dismissal is fair, you should consider the fairness of your:<\/p>\n\n\n\n
To help you understand what is fair during dismissal proceedings, this article explains when you can dismiss your staff in England. <\/p>\n\n\n\n
You can only dismiss your staff if you have a fair reason. A fair reason for dismissing your staff may be due to:<\/p>\n\n\n\n
Another substantial reason could be, for example, when you hire a worker temporarily to fulfil an employee\u2019s role who is on maternity leave. Another substantial reason could be that you have changed your employees’ terms, and they disagree with them.<\/p>\n<\/div>\n\n\n\n
When misconduct is your reason for dismissal, the issue could be continuous lateness for work or unauthorised absence. However, misconduct can also amount to serious or gross misconduct. Gross misconduct<\/a> could be, for example, physical violence or gross negligence.<\/p>\n\n\n\n When misconduct is due to a worker\u2019s physical or mental capabilities, you should only dismiss them as a last resort. That is to say, you must help your employees in every possible way to do their job before you dismiss them. Otherwise, the dismissal could be unfair. <\/p>\n\n\n\n Wrongful dismissal is different from unfair dismissal. It is where you dismiss a staff member, and the dismissal breaks a term in your employee’s employment contract. For example, if you dismiss an employee without the correct notice period according to the employment contract.<\/p>\n\n\n\n You must put the reasons for the dismissal in writing where your employee is:<\/p>\n\n\n\n If these employees request reasons, you must give them your reason in writing within 14 days of their request. <\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nWhen is Dismissal Wrongful?<\/h2>\n\n\n\n