At some point an employer will find himself or herself in the position of having to terminate an employee's contract.

This will happen to all employers sooner or later, even where the employee is not at all at fault - e.g. there is a redundancy situation, where the position is redundant and not the person.

To ensure that a dismissal is fair the employer must ensure that he or she has acted fairly and has taken account of all relevant circumstances and procedural requirements.

Most importantly, when considering dismissal an employer must ensure that there is sufficient reason for the dismissal.

The main reasons for dismissal are:

  • misconduct
  • incapability/ lack of qualification
  • breach of statutory requirements
  • redundancy
  • some other 'substantial reason'
  • retirement - here it is particularly crucial that this dismissal is handled correctly and well in advance; if not an employee could bring a claim for automatic unfair dismissal

It is very important that an Employer takes advice prior to dismissing an employee as the procedures involved are complex and detailed, even where the reasons for the dismissal may appear to be straightforward.

A failure to follow the statutory procedures will normally mean a dismissal is automatically unfair, so that the employer has to pay a basic award (usually over £1,000) and a compensatory award that may be increased by up to 50%. In principle the compensatory award alone could amount to many years of salary for certain types of employee.

Halborg & Co. can provide you with expert advice to ensure all of the relevant procedures are followed at the time of a dismissal.

Fixed price package for dismissing an employee

For £500 plus VAT we can guide you through the dismissal procedure. We will:

  • Provide a one hour consultation with a specialist employment lawyer, either in person at our offices, or by telephone (as you prefer)
  • Produce the important letters relevant to the dismissal of the employee. These are NOT standard and depend on the circumstances of the case. They will usually include:
    • An investigatory letter
    • A disciplinary letter
    • A dismissal/ appeal letter

 		 
     

If you would like further advice or guidance please complete the enquiry form, or call us on freephone 0800 1692133, and we will call you to discuss your individual requirements.