What are common mistakes made when dismissing employees?

There are a number of common mistakes made by employers which can lead to a finding of unfair dismissal by an employment tribunal. Whilst this may not lead to a significant award of compensation if it can be argued that the employer would have been entitled to dismiss in any even, it can still lead to unnecessary time and costs being incurred. Most mistakes are down to ignorance of the law or lack of planning and can easily be avoided.

1. Ensure that a disciplinary hearing is held. Do not dismiss without holding a disciplinary hearing.
2. Carry out an investigation into what happened prior to coming to the decision to discipline in all but the most obvious of cases.
3. Write to the employee and tell them what the issue is. Tell them whether dismissal is a possible sanction.
4. Remind the employee of his or her right to be accompanied by a colleague or trade union official.
5. Provide the employee with the evidence that has been gathered as a result of the investigation.
6. Ensure that the employee has sufficient notice of the hearing. At least one or two working days is ideal.
7. Make sure that the person conducting the disciplinary hearing was not involved in the investigation.
8. Listen to all of the evidence and allow the employee to present their case.
9. Take time in coming to any decision to dismiss. There is no need to rush any decision.
10. If the employee fails to attend on the first occasion adjourn matters. You can usually proceed on the second occasion subject to certain provisions.
11. Inform the employee in writing of the reason for dismissal and any findings made. If, for example, the employer relies upon a loss of trust and confidence state why such a loss has arisen.
12. Always remind the employee of their right to appeal the decision and ensure that the appeal is heard by a more senior manager.
13. Be consistent. If one employee has been dismissed for a certain act whereas a colleague has not then there should be good reasons for this.

In summary

• Carefully plan how you intend to deal with any disciplinary issue.
• Be aware of your own procedures and follow them.If you have no procedures then prepare some.
• If in doubt always seek legal advice before dismissing.

This blog sets out our thoughts on avoiding unfair dismissal claims. It is not specific legal advice on any particular set of facts and should not be taken as such. If in doubt seek legal advice. We are able to provide a HR system to employers that will provide you with all of the assistance that you need in dealing with staffing issues. Feel free to call us on 01582 439795.