Dismissal Advice for Employers

If your business is considering dismissing an employee as a result of misconduct, poor performance or a redundancy situation, it is vital to follow the correct procedures.

At Farnworth Rose, we provide specialist dismissal advice to employers who are seeking to terminate the employment of an employee, helping them to avoid putting the business at risk of an unfair dismissal claim.

Our experienced solicitors can provide advice on whether a business has a valid, fair reason to dismiss and the procedure they are required to follow.

The specialist team at Farnworth Rose has the background knowledge to ensure that your business follows the correct procedures when dismissing an employee. This can help you avoid the hassle and potential cost of an Employment Tribunal Claim.

To talk to our employment experts about your dismissal procedures, call us now on 01282 695 400.

Dismissing an employee – a fair reason and a fair procedure

A dismissal will normally be fair if the reason for dismissal is:

  • Related to the conduct of the employee
  • Related to the capability of the employee
  • Because of a redundancy
  • Because a statutory requirement prohibits continued employment
  • Some other substantial reason justifying dismissal

If an employer dismisses an entitled employee without one of these fair reasons, an Employment Tribunal will deem the dismissal unfair.

However, even if a business has a fair reason for dismissal, the dismissal may be deemed unfair if a fair procedure is not followed.

Dismissing an employee with less than 2 years’ service

When dismissing an employee, employers are often under a common misconception that employees who do not have the qualifying 2 year period of service are unable to bring a successful unfair dismissal claim.

Employers should beware as this is not the case. Some reasons for dismissal are deemed automatically unfair irrespective of the employee’s length of service.

How can Farnworth Rose help you?

Seeking legal advice early is essential when a business is considering the dismissal of an employee.

At Farnworth Rose, our experienced solicitors can provide advice at the outset of any issue with an employee. Our aim is to provide all businesses we work with the advice and support which ensures they are protected from any potential claim.

Expert dismissal advice form Farnworth Rose

To discuss your circumstances with an employment law expert at Farnworth Rose, call us today on 01282 695 400.

Or, if you would like to arrange a call back at a time that suits you, complete our online contact form here.