An employer’s guide to lawful dismissals – part two
Dismissing an employee can be a minefield and getting it wrong can have serious consequences.
In part two of this guide, we’re covering gross misconduct, long-term sickness absence and what to do if your employee raises a grievance.
You have the right to dismiss them without notice or notice pay (summary dismissal).
Sufficient investigation must be undertaken to determine that the employee’s conduct did in fact amount to gross misconduct. You will be required to follow a fair disciplinary procedure which compiles with the Acas Code of Practice.
This includes:
Having a hearing with the individual
Giving them the right to be accompanied and have their say
Considering all representations
If you end up dismissing the individual it will be essential that you have followed a fair and thorough procedure.
If it becomes apparent that the employee will not be able to return to work due to sickness, then you can consider dismissal.
An employer must conduct a detailed and careful absence management procedure before doing so. You should hold a series of meetings and obtain medical information to inform and guide your decision-making.
If your employee has more than two years’ service, you are at risk of an unfair dismissal claim if the process if not managed fairly and appropriately.
Any employee may have the right to a discrimination claim if they are dismissed because of their sickness absence and their condition qualifies as a disability under the Equality Act 2010.
An employer must consider reasonable adjustments in these circumstances.
You will need to arrange a meeting within the individual concerned and thoroughly investigate the issues raised.
Keep a careful record of the process and confirm the outcome of the process in writing to the employee. Advise the employee of any further action and inform them of their right to appeal the decision.
Any appeal should be heard by a party independent to the previous investigations.
It is strongly recommended that an employer has a grievance procedure which complies with the Acas Code of Practice on Disciplinary and Grievance Procedures.
If you lose an Employment Tribunal claim, the compensation awarded could be increased by up to 25% if you unreasonably fail to comply with it.
Our employment law solicitors will help you find solutions to your employment law problems, quickly and effectively, and work with you every step of the way.
Contact Oliver to discuss this further.
