Disciplinary Hearings and Dismissal

There are potentially five fair reasons for an employer to dismiss an employee – conduct, capability (which can be due to lack of capability or qualifications or ill health), redundancy, the fact that to continue to employ them would contravene an enactment or a catchall reason known as “some other substantial reason” which could include facts such as dismissal of the replacement of an employee absent due to pregnancy or childbirth or necessary re-organisation of the business. The majority of dismissals that are held to be unfair are not unfair because the employer did not have a fair reason, but because the employer did not follow a fair procedure. In the circumstances if an employer is considering carrying out disciplinary hearings leading to dismissal or a dismissal process they should take advice before doing so. The employment team can assist employers in connection with following the proper processes and if necessary in conducting the hearings if they employer does not have sufficient resources. Businesses that do not have their own HR department might find that the Gatekeeper Service provided by Rix & Kay would be useful for them.