Disciplinary Proceedings & Dismissal
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.