In order for an employee to be dismissed fairly, there has first got to be a fair reason for the dismissal. May seem obvious, but establishing the reason for dismissal is crucial. Once the reason has been established, it will then be necessary to follow the appropriate procedure.
Potentially fair reasons for dismissal include:
- Gross misconduct
- Poor performance
- Ill health
- Statutory restriction/ban
- Expiry of a fixed term contract
- Constructive dismissal
- Some other substantial reason (which does not fall within the other categories).
In addition to unfair dismissal claims that may relate to the above, claims may also be commenced in relation to wrongful dismissal and automatically unfair dismissal.
Where a fair reason to dismiss is established, but a poor or inappropriate procedure has been applied, this is likely to lead to a finding of unfair dismissal.
At ConwayMcColl Solicitors we will provide expert advice on all types of dismissal.
We will provide step by step guidance on how to deal with the issue in hand and provide you with the appropriate letters, to ensure a fair procedure is followed.
We will advise you as to whether the procedure leading up to a dismissal has been fair and if not, what your options are.