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Ben’s Top Tips for HR matters

How do I dismiss an employee?

Three top things to think about before dismissing someone

If you’ve got to the point of thinking about dismissing an employee, things have got pretty bad. Before going ahead, here are three main points to consider. For a more in-depth look click here

Could they do another role?

If the employee has been seriously underperforming for some time, it is quite possible that they are in the wrong job and not happy, but do not wish to raise this as a possibility.  The individual may well welcome the employer starting an open and frank discussion about their skills and what they want to get out of work.  If it’s a redundancy situation, then you would be looking at alternative employment anyway, as part of the redundancy consultation process.  If it’s misconduct, then if appropriate and in some circumstances, you could consider a demotion or move to another role.

Have you carried out a fair process?

The main most common reasons for dismissal which the law recognises as fair reasons are: redundancy, misconduct, capability/performance.  But you still need to carry out a fair process to achieve a fair dismissal.  Check your procedures and if in doubt, speak to your employment solicitor or HR consultant.  And the ACAS website is always a good source of information: www.acas.org.uk.  If you get the procedure wrong, then you could end up in an employment tribunal facing an unfair dismissal claim.

Is it appropriate to have a `protected conversation’?

This allows employers to short-circuit the process and make an offer to the employee to leave quickly.  It is `protected’ because – provided it is done correctly – it can’t be referred to later on in a legal process.  It will usually involve paying more money than the employee is entitled to, but it can be beneficial for both parties in some circumstances.  Again, get proper advice to check you are doing it right.

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Ben’s Top Tips

Three top things to think about before dismissing someone

  1. Could they do another role?
  2. Have you carried our fair process?
  3. Is it appropriate to have a protected conversation?

Read more

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info@thornberhrlaw.co.uk

© Copyright Thornber Employment Law Ltd

Ben Thornber is a solicitor with a current practising certificate.  He meets the requirements of a being `qualified lawyer’ and `relevant adviser’ for the purposes of advising on settlement agreements.  Any legal and HR advice Ben Thornber provides through Thornber HR Law is covered by a contract of insurance.  However, Thornber Employment Law Ltd (t/a Thornber HR Law) is not a law firm and is not regulated by the Law Society of England and Wales or the Law Society of Scotland

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