{"id":1976,"date":"2022-01-18T04:58:46","date_gmt":"2022-01-18T04:58:46","guid":{"rendered":"https:\/\/uk.legalvision.com.au\/?p=1976"},"modified":"2022-06-16T01:25:13","modified_gmt":"2022-06-16T00:25:13","slug":"dismissing-an-employee","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/dismissing-an-employee\/","title":{"rendered":"Key Considerations When Dismissing an Employee in England and Wales"},"content":{"rendered":"\n

Dismissing an employee is a serious act. It has extensive consequences for both you and your employee. Not only will your employee be left without a job, but you may also find yourself short of resources. Worse still, if you do not dismiss an employee fairly, your employee may raise a claim in an employment tribunal.<\/span> If you are an employer faced with the difficult task of needing to dismiss an employee, you should a<\/span>sk yourself some critical questions. This article will detail some of the key considerations you should think about before d<\/span>ismissing an employee.<\/span><\/p>\n\n\n\n

What is Dismissal?<\/span><\/h2>\n\n\n\n

If you decide to end your employee\u2019s employment contract, this is known as dismissal. When you decide to <\/span>dismiss a<\/span>n employee<\/span><\/a>, in addition to having a valid reason, you must ensure you are fair and reasonable. This will require you to follow a dismissal procedure. You should note that this still applies during the COVID-19 pandemic. <\/span><\/p>\n\n\n\n

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If you do not dismiss an employee according to a fair and reasonable procedure, your employee may have an unfair dismissal claim.<\/span><\/p>\n<\/div>\n\n\n\n

Key Considerations <\/span><\/h2>\n\n\n\n

When you consider dismissing an employee, there are some key questions you should ask. <\/span><\/p>\n\n\n\n

1. Is Dismissal Necessary?<\/span><\/h3>\n\n\n\n

When you dismiss an employee, the first consideration is whether or not dismissal is actually necessary. Next, you may want to consider if there is an alternative to rectify the issues. For example, coaching or counselling for performance or conduct issues.<\/span><\/p>\n\n\n\n

2. What Do I Need To Investigate?<\/span><\/h3>\n\n\n\n

Before deciding that dismissing your employee is necessary, you should investigate the circumstances that may lead to their dismissal. For example, where dismissal may occur due to misconduct, you must establish proof of any allegation through an investigation. This should result in a reasonable belief that the allegation is accurate and that dismissal is a reasonable reaction. <\/span><\/p>\n\n\n\n

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Where potential dismissal results from poor performance, if improving performance is beyond the employee’s capacity, you may need to rectify other issues, such as poor leadership.<\/span><\/p>\n<\/div>\n\n\n\n

3. Is There a Valid Reason for Dismissal? <\/span><\/h3>\n\n\n\n

When dismissing an employee, you should consider whether or not you have a valid reason for doing so. A valid reason could be because your employee: <\/span><\/p>\n\n\n\n