Business Employment Law
Legal Advice On Dismissal Procedures For Employers
Our team can help with dismissal procedures and settlement agreements
Our expert employment solicitors can provide you with legal advice on dismissal procedures to help you determine whether you have a fair reason for dismissing an employee. Our solicitors will also ensure that you follow a reasonable investigation and the appropriate dismissal procedure.
What are the 5 fair reasons for dismissal?
There are currently five potential fair reasons for dismissal:
- Conduct e.g. theft, unauthorised absence from work, insubordination, failed drug test
- Capability e.g. where the employee is not performing to the required standard or has ill health which makes it difficult for them to do their job
- Redundancy e.g. where the job is no longer needed
- Statutory illegality i.e. where it is illegal to employ an individual, such as where a lorry driver is banned from driving
- Some other substantial reason e.g. unreasonable refusal to accept changes to terms and conditions of employment or a breakdown in the working relationship
In any of these circumstances, we will advise you where the ACAS code on Disciplinary and Grievance Procedures applies and, where it does, the consequences of failing to comply, including potential uplifts to tribunal awards. Where appropriate, we will advise on a severance package and can facilitate termination negotiations under a settlement agreement. We can also advise you of the risk of a successful claim and how best to minimise that risk.
What is unfair dismissal?
Generally speaking, an employee who has completed two years continuous service has the right not to be unfairly dismissed. The dismissal of a qualifying employee might be fair if the dismissal was for one of the five potentially fair reasons, the reason was enough to justify dismissal them, and the employer followed a full and fair procedure. If one or all of these elements are not present, then the employee may be eligible to bring a claim for unfair dismissal. In some circumstances, employees with less than two years continuous service may be eligible to bring a claim for unfair dismissal, for example in situations related to pregnancy or taking action over a health and safety issue.
Meet the team
I engaged Morrisons Solicitors to help me reach a settlement agreement with my employer. Joanne Kavanagh showed the utmost patience, kindness ...
My experience with instructing Morrison’s was extremely positive. I found them very friendly and professional, everything was explained to me ...
Morrisons gave me realistic honest advice from the start. Information and actions explained well at a level I understood. Outcome was exactly ...
The advice and guidance I received was very thorough. The team were very flexible in their approach; my views were taken into account. Also I ...
Very straight forward - converting contract into simple terms.
From my initial contact with Morrisons the level of professionalism and customer care was exceptional. Polite, helpful and efficient service f...
Joanne Kavanagh is just clever and a top class professional, she prepared my initial Appeal Hearing which contained 4 pages and was excellent.
Very helpful and the staff were all very polite and friendly. If I require legal advice in the future I would have no hesitation in using them...