[et_pb_section fb_built=”1″ _builder_version=”4.9.10″][et_pb_row column_structure=”2_3,1_3″ _builder_version=”4.9.10″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”2_3″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.9.10″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]<\/p>\n
For employers and managers, dismissing an individual can feel like a minefield. With strict protocols and worker\u2019s rights to adhere to, one wrong move can have severe consequences. That said, when the actions or work ethic of an employee are having an adverse effect on productivity and coworkers, it cannot be ignored.<\/p>\n
Of course, there is no easy way to dismiss an employee; it is a process that requires tactfulness, empathy, substantial evidence and a strong grasp of relevant policy. If and when the dismissal of an employee becomes unavoidable, understanding how to correctly navigate the situation is essential.<\/p>\n
In the following article, we\u2019ll explore the nuances of the dismissal process, outlining those reasons deemed valid, and those categorised as unfair.<\/p>\n
As with all HR-related matters, dealing with dismissals requires a solid grasp of the subject. Though many assume they understand what classifies as dismissal, misconceptions are all too common.<\/p>\n
At its core, a dismissal is the termination of an employee\u2019s contract. This could be due to an economic shift within the organisation or unacceptable behaviour on the part of an employee. Typically, a dismissal requires notice. Although, as we\u2019ll touch upon shortly, there are mitigating circumstances, such as gross misconduct, that may negate the need for a notice period.<\/p>\n
Ultimately, a dismissal can happen at any time. This could be right in the middle of a contract, or as a period of employment comes to an end. Regardless of timing, however, it is imperative that employers act fairly and reasonably when dismissing an employee.<\/p>\n
In addition to acting fairly and with good reason, it is crucial that dismissals are carried out by those in appropriate positions within a company or organisation. While this doesn\u2019t necessarily need to be the business owner or managing director, it should be an individual with pertinent authority. Usually, this will be a manager, department head or someone with equivalent jurisdiction.<\/p>\n
Those carrying out the dismissal must make the employee aware of the reasoning and cover any other relevant information, such as the date the contract will end, the employee\u2019s right to appeal and their official notice period. To ensure these steps are followed and minimise the risk of an unfair dismissal claim, the process should be overseen by an experienced HR professional<\/a>.<\/p>\n As touched upon previously, acting fairly and reasonably is essential. In order to do so, employers should have a clear understanding of those reasons deemed valid for dismissing an employee. Here in the UK, a dismissal is only deemed \u2018fair\u2019 if it clearly falls within one of the following five categories:<\/p>\n Below, we\u2019ll explore these reasons in further detail.<\/p>\n A conduct-related dismissal, as the name suggests, is founded upon evidence of poor conduct at work. This would be deemed an appropriate response to repeated instances of disobedience, lateness or the sharing of classified company information. Additionally, theft, violence or substance abuse in the workplace would be classed as valid grounds for dismissal due to conduct.<\/p>\n It goes without saying that suspected misconduct must be reported and properly investigated before any decisions are made. Once allegations have been verified, disciplinary action<\/a> should commence.<\/p>\n Dismissal due to capability or performance would be deemed necessary when an individual is unable to fulfil their professional duties due to ill health or a consistently low standard of work. There are, of course, a number of nuances to be taken into account when dealing with issues such as these. If an employee falls unwell with a long-term illness, the employer should consider how they can support the individual before a dismissal takes place. This includes giving the employee a suitable time to recover, communicating with their GP to properly understand the situation and implementing flexible working arrangements where possible.<\/p>\n Likewise, if an employee is exhibiting continually poor performance, the correct management and review processes must be followed before a decision is made. This will usually include any relevant training<\/a>, disciplinary action or warnings<\/a>.<\/p>\n There are certain situations in which the only viable option is a redundancy dismissal<\/a>. Essentially, this form of dismissal is appropriate in circumstances where a business or employer no longer requires, or can no longer support, its current workers. This may be due to permanent closure, loss of business or work, location changes or complete reorganisation.<\/p>\nValid Reasons For Dismissal<\/h2>\n
\n
Conduct<\/h3>\n
Capability or performance<\/h3>\n
Redundancy<\/h3>\n