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Termination of Employment

Terminating an employee's employment can be a difficult process for many employers, particularly when you may face an Employment Tribunal claim if you get it wrong.  However, it is not impossible to fairly dismiss an employee, and taking expert advice can certainly reduce the risk of a claim.

In order to fairly dismiss an employee, you must have fair grounds.  The potentially fair reasons for dismissal are:-

  • Conduct
     
  • Capability
     
  • Redundancy
     
  • Illegality 
     
  • Some other substantial reason.

In addition to having a fair reason to dismiss, you must have followed a fair procedure.  This can either by your own procedure, or the ACAS Code of Conduct.  

Our employment lawyers have substantial experience in handling dismissals and can advise you at all stages of the process.  We recommend seeking advice as soon as possible in relation to a disciplinary matter, as seeking early advice can help to protect your business and avoid later disputes.