Home / Employment Law and Rix & Kay’s HR Support / Disciplinary Proceedings & Dismissal

Experts in implementing fair disciplinary procedures

By law, there are five potentially fair reasons for an employer to dismiss an employee. These are:

  • conduct: where the employee has done something that is inappropriate or unacceptable.
  • capability: where the employee is not able to fulfil their duties due to a lack of capability including where the same arises because of ill-health.
  • redundancy: see reasons for redundancy here.
  • legal requirement: where the employee cannot perform their role legally ie: because they have lost their right to work in the UK.
  • some other substantial reason: a term used to describe a wide variety of situations, such as personality clash

Most dismissals that are found to be unfair are not held to be unfair because the employer did not have a fair reason, but because the employer did not follow a fair procedure. It is strongly recommended that employers take advice whenever they are considering proceedings which may lead to dismissal. The Employment Team can provide assistance to employers and assist with implementing a fair procedure, particularly where the employer does not have sufficient resources. Businesses that do not have their own Human Resources Department might find that Rix & Kay’s GatekeeperHR Service would be useful for them.

“Rix & Kay regularly provides operational and strategic employment advice to corporate clients and SMEs, offering support for M&A transactions and advising directors and senior managers on settlement agreements. The firm also operates GatekeeperHR, an HR solution service built to assist a range of business sizes. Elaine Abbs is regarded as very knowledgeable and able to provide information and guidance and is always helpful and supportive”.

“We mainly use the services of Rix & Kay for Employment Law advice. In most circumstances, these situations develop quickly, and decisive action is required almost immediately. The advice provided has been prompt and accurate and has assisted us in diffusing disputes efficiently”.

“Elaine Abbs has been our main point of contact; she developed a training programme for Line Managers and delivered the training in house. This has helped tremendously in diffusing potential difficult situations”.

“Elaine Abbs is very knowledgeable and able to provide information and guidance and is always helpful and supportive. She instils confidence. She responds quickly and has a very approachable and friendly manner as well as professional”.

“Their willingness to help and, even if the enquiry is outside their remit, they will seek advice or point you in the right direction in a constructive and helpful way”.

Industry peers praise Rix & Kay in the latest edition of Legal 500

 

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