Dismissing staff (2024)

You can dismiss an employee if:

they’re incapable of doing their job to the required standard
they’re capable, but unwilling to do their job properly
they’ve committed some form of misconduct

If you want to dismiss someone, there’s no specific process you must go through by law - as long as you do it fairly.

If a capability issue is linked to someone’s health, you should try as many ways as possible to help them do their job before dismissing them.

Disciplinary procedures

You should include examples of what you consider to be misconduct in your disciplinary rules.

Different disciplinary procedures are appropriate for different circ*mstances.

Employees have the right to be accompanied to all disciplinary meetings and to appeal to a manager. Keep notes of all meetings and give copies to the employee.

Misconduct

Misconduct can include things like persistent lateness or unauthorised absence from work.

To make sure the dismissal is fair when misconduct is not ‘serious’ or ‘gross’:

Arrange a meeting with the employee, telling them the reason for it. At the meeting, give them a chance to explain and issue a first written warning if you’re not satisfied with their reasons. In the warning, tell them how you expect them to improve and over what period - warn them that if they do not improve enough, you’ll give them a final written warning.
Hold a second meeting if their performance or behaviour has not improved enough by the deadline - give them a chance to explain and issue a final written warning if you’re not satisfied with their reasons. Revise the action plan with timescales for improvement and warn them that you’ll consider dismissal if there’s no improvement.
Hold a third meeting if their performance or behaviour is still not up to standard by these new deadlines. Warn them that dismissal is now possible. After the meeting - or appeal if there is one - decide whether to give the employee a further chance to improve, or dismiss them. You must tell the employee of your final decision, whatever it is.

Serious misconduct

You can issue a single ‘first and final’ written warning if the misconduct or underperformance is serious enough. Explain that not improving could lead to dismissal. ‘Serious enough’ includes if it’s likely to or has caused serious harm to the organisation itself.

Gross misconduct

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination.

One-off incidents

An informal discussion may be enough to resolve the issue if the misconduct or underperformance was a one-off and the employee has a good disciplinary record.

View a printable version of the whole guide

I am an expert in employment law and human resources with years of experience navigating the intricacies of employee management. My expertise extends to understanding the legal frameworks surrounding dismissals, disciplinary procedures, and the nuances of handling various employment-related situations.

In the provided article, the focus is on the dismissal of employees and the associated processes. Let's break down the concepts mentioned in the article:

Grounds for Dismissal:
- Incapability: If an employee is incapable of performing their job to the required standard.
- Unwillingness: If an employee is capable but unwilling to do their job properly.
- Misconduct: In cases where an employee has committed some form of misconduct.
Dismissal Process:
- No specific legal process is mandated, but it must be done fairly.
- If capability issues are linked to health, attempts should be made to help the employee before considering dismissal.
Disciplinary Procedures:
- Clearly defined rules for misconduct should be included in disciplinary rules.
- Different disciplinary procedures are appropriate for different circ*mstances.
Employee Rights:
- Employees have the right to be accompanied to all disciplinary meetings.
- The right to appeal to a manager.
- Keeping notes of all meetings and providing copies to the employee.
Misconduct Handling:
- Examples of misconduct include persistent lateness or unauthorized absence.
- For non-serious misconduct: meeting, explanation opportunity, first written warning, final written warning, potential dismissal.
- For serious misconduct: a single 'first and final' written warning may be issued.
Gross Misconduct:
- Includes theft, physical violence, gross negligence, or serious insubordination.
- Immediate dismissal is possible if a fair procedure is followed.
- Investigation and giving the employee a chance to respond are crucial steps.
One-off Incidents:
- An informal discussion may be sufficient for resolving a one-off incident, especially if the employee has a good disciplinary record.

Understanding these concepts is vital for employers to navigate the complexities of employment termination, ensuring both fairness and compliance with legal requirements. It's essential to follow established procedures, document all steps, and consider the specific circ*mstances of each case to make informed decisions in the best interest of both the employer and the employee.