dismissing an employee

Terminating an employee means bringing their contract of employment to an end.

The contract can be lawfully terminated if the employer can show a genuine and valid reason for it alongside a fair process having been followed (if they have over two years’ service).

When you have followed the correct procedures and deemed the appropriate outcome is to dismiss your employee, you should confirm this in writing.

The dismissal letter will need to confirm the reasons for the dismissal, when the employment contract will end, whether the employer is required to work their notice period, and ensure they are notified of their right to appeal against the dismissal.

An employee must have continuous service of two years with their employer in order to bring a claim for unfair dismissal. However, in some circumstances the two year rule will not apply and a dismissal will automatically be deemed as unfair.

This will be if the dismissal has occurred on the grounds of discrimination or following a protected act. Examples include: 

• Pregnancy 

• Parental leave

• Requests for flexible working

• Whistleblowing

Potentially not as the individual will not be able to pursue a claim for unfair dismissal.

Always seek advice to ensure there is no risk of a claim for automatic unfair dismissal or discrimination. If not, then you can dismiss an employee without following a full disciplinary procedure. 

Yes, however, we need to ensure a correct and fair procedure is followed. This procedure should be contained in your capability policy or sickness policy.

The procedure will often include review meetings with the employee to determine if there are any reasonable adjustments you can make as their employer to assist with their return to work.

Should this not be an option, the next step would be to obtain an Occupational Health Report to evidence a return to work not being achievable. Always seek legal advice to avoid any disability discrimination claims.

An employee cannot be dismissed on the grounds of pregnancy alone as this amounts to discrimination. An employee can bring a claim for discrimination regardless of their length of service with their employer. 

However, should an employee have acted in a manner that falls under one of the five fair reasons outlined above, and this is not linked to their pregnancy in any way, the dismissal process can be followed.

For example, if a pregnant employee has been bullying their colleagues this would be a valid ground for dismissal as it does not relate to her pregnancy. Whereas if a pregnant employee has an increase in work absence due to morning sickness, this would be difficult to justify as being a fair dismissal as it is linked to the protected characteristic of pregnancy. 

Ultimately, extra care would need to be taken here and we would advise you to contact us in the first instance to ensure the correct procedure is being followed.