Dismissal

Dismissal happens when the employer sacks someone or fails to renew a fixed term contract on the same terms or there is a “constructive dismissal” where the employee leaves and treats herself as dismissed on the basis of a fundamental breach of contract by the employer.

Except for special cases called “automatically unfair” dismissals an employer can avoid a successful claim by showing that it acted reasonably in dismissing for one of the following grounds:

• Conduct
• Capability
• Redundancy
• Illegality
• ‘Some other substantial reason’
• Retirement (but the default retirement age is due to be abolished by October 2011)

Save for some limited exceptions employees cannot bring a claim for unfair dismissal unless they have at least one year’s continuous service

Disciplinary & Grievance Procedures

The proper handling of disciplinary and grievance situations in the workplace is essential not only because many issues can be resolved quickly and informally but also to prevent expensive claims and an unhappy workforce. Failure by the employer or employee to follow the ACAS Code of Practice can result in awards of compensation being increased or decreased by the Employment Tribunal by up to 25%.

For advice on Dismissal or Disciplinary matters please contact:

Glyn Evans on 01934 637911 e-mail evans@powellslaw.com or
Stephen Soper on 01934 637915 e-mail soper@powellslaw.com.

See also our Employment fact sheet (PDF).