Dismissal Procedures Bristol

The procedure adopted when dismissing employees depends on the reason for taking the action. Using the correct procedure will help resolve the matter effectively and, for staff with more than one year's continuous employment, avoid unfair dismissal claims.

Misconduct, poor performance and redundancy are the most common causes of dismissal.

Misconduct and poor performance

• investigate
• give advanced warning of the disciplinary hearing
• give the employee copies of any relevant evidence in advance
• remind the employee of the right to representation
• hold the disciplinary hearing
• make a decision only after the employee has responded to the allegations
• right of appeal
• retain notes and other documents

Redundancy

Where more than 20 staff are involved, the employer should notify the Secretary of State for Education and Employment and consult appropriate workforce representatives. The general procedure should also include:

• adopting objective selection criteria for choosing potential employees for redundancy
• warning employees
• consulting employees
• making a decision only after consultation
• right of appeal (less important than for misconduct and poor performance)
• retaining notes and other documents

Notice

Employees can continue working during their notice period. Or the employer may terminate employment immediately and pay the employee in lieu of notice equivalent to what they would have received had they worked during the notice period. Provided there is a contractual right to do so, the employer may place the employee on "garden leave" during the notice period. This means that the employee must stay at home but be available for work if needed.

Providing written reasons

Settling potential claims

Statutory claims can only be settled using a statutory compromise agreement upon which the employee must take independent legal advice. Alternatively, settlement can be reached through the assistance of an ACAS conciliation officer.