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Dismissals



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The Employment Rights Act 1996 sets out the requirements for an employer to carry out dismissals fairly.

Here are just some of the points you should be thinking about if you are considering dismissing an employee:

Have you followed your own company procedure on dismissal to the letter?

Does your company procedure meet at least the minimum standards of the ACAS Code on Discipline and Dismissals?

Have you behaved consistently and in line with previous similar situations?

How detailed and accurate are your records in relation to the investigations, disciplinary and appeal hearings that led up to the dismissal? For example, have witness statements and documentary proof been collated and presented to the employee at each stage of the process?

Have you ensured that the employee’s right to be represented has been made in writing?

If the employee exercises his/her right to be accompanied by a Trade Union representative, how well do you understand the role of the representative – for example, where are the boundaries as to what he or she can or cannot do?

At what stage after the dismissal do you issue termination documents such as the employee’s P45?

If the employee takes their case to an Employment Tribunal, how much is it likely to cost?

Often an objective, experienced third party can assess the answers to these and other questions more effectively. As HR professionals, we have wide-ranging experience of such situations and can share the benefit of that experience with you.

If you’re comfortable with your response as an employer to the questions raised above - great, you are obviously already well experienced in such matters. However, if you are in any doubt or you would simply like a second opinion, Sagegreen can help you. We’re just a quick phone call away
 or check out our Sagegreen HR Blog


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Have you ensured that the employee’s right to be represented has been made in writing?

At what stage after the dismissal do you issue termination documents such as the employee’s P45?

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