As an employer, you need to be very careful when it comes to dismissing an employee. The employee can put a claim against you for unfair dismissal – if they believe you don’t have a good reason for terminating their contract.
However, a very important thing to recognise is that even if you do have good reason to dismiss them, if you used the wrong procedure then they can also make a claim for unfair dismissal.
If others make mistakes, let’s learn from them! There are certain things that employers often do, completely wrong. In an event of dismissing an employee, please, please, please be aware of these mistakes…
- Not warning the employee of what the possible consequences are of the disciplinary action.
- Not setting out the nature of the accusations so the employee can understand clearly.
- Not giving the employee relevant evidence against them.
- Not having a system of warnings where appropriate.
- Not letting the employee be accompanied at a disciplinary hearing.
- Relying on evidence from one particular source with no supporting evidence to confirm.
- Not having an adequate appeal stage.
- Failure to keep clear records from the whole disciplinary process.
- Delays in dealing with disciplinary issues.
- Keeping the same person to deal with the whole disciplinary process.
A couple of other things to be aware of, if an employee is putting in a claim for unfair dismissal then they must make the claim to a tribunal within 3 months of being dismissed; otherwise it is invalid.
Also, not everyone is entitled to making this claim. GOV.UK states that an employee must have worked for you for a minimum period before they qualify for the right to claim unfair dismissal at a tribunal.
At THSP Risk Management our employment law consultants understand the legal and practical issues you face as a manager and, most importantly, how to resolve them – quickly, responsibly, and cost-effectively.
We know dealing with employment law issues can be a challenging, stressful, and time-consuming task – while getting it wrong can be costly.
For a confidential chat – give us a call on 03456 122 144