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Employment

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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.

Your most convenient Rix & Kay office.

Ashford Office

For all postal enquiries please use our centralised PO Box address:
PO Box 468
UCKFIELD
TN22 9GQ

Suite 4c, Third Floor,
International House, Dover Place
Ashford, Kent, TN23 1HU

Tel: 01233 225660
Fax: N/A
DX: N/A

Brighton & Hove Office

For all postal enquiries please use our centralised PO Box address:
PO Box 468
UCKFIELD
TN22 9GQ

7 The Drive
Brighton & Hove
BN3 3JS

Tel: 01273 329797
Fax: 01273 324082
DX: 59257 Hove

Sevenoaks Office

For all postal enquiries please use our centralised PO Box address:
PO Box 468
UCKFIELD
TN22 9GQ

16 South Park
Sevenoaks
Kent
TN13 1AN

Tel: 01732 440855
Fax: 01732 440854
DX: 30025 Sevenoaks

Uckfield Office

For all postal enquiries please use our centralised PO Box address:
PO Box 468
UCKFIELD
TN22 9GQ

The Courtyard
River Way
Uckfield, East Sussex
TN22 1SL

Tel: 01825 761555
Fax: 01825 764172
DX: 133963 Uckfield 2

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