Dismissals
Dismissals handled with the right process, every time.
A dismissal can be challenged if the process was not followed correctly. We make sure every dismissal is fair, documented, and defensible, whether the reason is conduct, capability, redundancy, or something else.
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Unfair dismissal protection
Employees have the right not to be unfairly dismissed. Previously, this protection applied after two years of continuous employment. Under the Employment Rights Act changes coming into effect from January 2027, employees will have unfair dismissal protection from six months of service.
This is a significant change. The window in which a dismissal could be managed with relatively low risk has closed considerably. A fair, documented process is essential from the very early stages of employment.
Summary dismissal
Summary dismissal, dismissal without notice, is only appropriate in cases of gross misconduct: conduct so serious that it fundamentally breaches the employment relationship. Even in these cases, a fair investigation and hearing must take place before the decision is made.
Common examples of gross misconduct include theft, violence, serious harassment, significant data breaches, and fraud. Your disciplinary policy should set out the examples relevant to your business.
The right to appeal
Every employee must be given the right to appeal a dismissal decision. The appeal should ideally be heard by someone who was not involved in the original decision. We manage appeal hearings for clients and advise on who should hear them.
Documentation
Every stage of a dismissal process needs to be documented. The initial conversation, the investigation, the hearing, the outcome letter, the appeal. If the matter reaches a tribunal, every document will be disclosed. The absence of documentation is itself a problem.
What makes a dismissal fair?
For a dismissal to be fair, two things must be present: a fair reason and a fair process.
The five potentially fair reasons for dismissal under the Employment Rights Act are: conduct, capability, redundancy, illegality (where continuing to employ someone would breach a legal duty), and some other substantial reason.
A fair process means: the employee has been informed of the concern, has had an opportunity to respond, has been given the right to be accompanied at any formal hearing, and has been given the right to appeal the decision. The ACAS Code of Practice sets out the standard that tribunals will apply.
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