If you are working in the position of an employer in the UK, you must know the employee dismissal procedure. To prove that the employee dismissal procedure is fair, the employer must have the specific reason for the dismissal due to which it happened. Moreover, the employer needs to deal with the reasons and dismissal procedure fairly. In this blog, we aim to provide information from understanding employee dismissal to the correct employee dismissal procedure. So, let us begin to dive in.
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Understanding Employee Dismissal
Dismissal can be voluntary, where the employee leaves, or involuntary, where the employer decides to terminate the employee’s contract. There are several types of dismissal in the UK. A fair dismissal occurs when an employer has a valid reason for terminating an employee’s contract, such as misconduct, poor performance, or redundancy. An unfair dismissal occurs when an employer terminates an employee’s contract without a valid reason or following the correct procedure.
A constructive dismissal occurs when an employer’s actions or behaviour force an employee to resign. Redundancy occurs when an employer terminates an employee’s contract due to business needs, such as downsizing or closure. Moreover, employees in the UK have several rights when it comes to dismissal. Employees may be entitled to compensation if they are unfairly dismissed or made redundant and have the right to be represented by a trade union or other representative during the dismissal process.
What is the Correct Employee Dismissal Procedure?
Before dismissing an employee, employers must take a few steps. Keep detailed records of the investigation, including notes, emails, and witness statements. Consult with HR or a solicitor to ensure that the dismissal procedure is fair and compliant with UK employment law.
Moreover, notify the employee in writing of the intention to dismiss, providing details of the reasons for dismissal and the date of the dismissal meeting. Provide clear and concise reasons for the dismissal, referencing the evidence gathered during the investigation. Confirm the decision to dismiss the employee, providing details of the termination date, notice period, and any severance package. Request the return of any company property, including equipment, documents, and keys. Update the employee’s records, including their personnel file and payroll records.
Unfair Dismissal – What is it?
To be considered unfair, the dismissal must meet the criteria. The employer did not follow the correct procedure for dismissing the employee, such as failing to provide adequate notice or not holding a disciplinary hearing. The employer dismissed the employee for an automatically unfair reason, such as pregnancy, maternity leave, or whistleblowing. There are several types of unfair dismissal in the UK. Like the employee’s behaviour or actions force the employee to resign. Or the employer dismisses the employee for making a complaint or allegation about the employer.
Is it Possible for an Employee to Claim Unfair Dismissal?
To claim unfair dismissal, an employee must meet the eligibility criteria. The employee must have been employed under a contract of employment. The employee must have been dismissed on or after 6 April 2012. The employee must pay a fee to submit the claim unless they are eligible for fee remission. They must provide evidence to support their claim, including witness statements, emails, and documents. The employee must attend a hearing at the employment tribunal, where they will present their case to a judge.
They may be re-engaged in a different role, with back pay and benefits. The employee may receive compensation for loss of earnings, future loss of earnings, and injury to feelings. The claim may be dismissed if the employer can prove that the dismissal was fair.
Is there any Compensation for Dismissal?
Compensation for dismissal is designed to provide financial support to employees who have lost their jobs through no fault of their own. Statutory redundancy pay is a legal entitlement for employees who are made redundant. To qualify for statutory redundancy pay employees must have been employed for at least two years to qualify for statutory redundancy pay. They must be made redundant rather than resigning or being dismissed for misconduct.
Employees who are entitled to contractual redundancy pay may not be eligible for statutory redundancy pay. The amount of statutory redundancy pay is calculated based on the employee’s age, length of service, and weekly pay. Unfair dismissal compensation is awarded to employees who have been unfairly dismissed.
They must have been unfairly dismissed rather than resigning or being dismissed for misconduct. The amount of unfair dismissal compensation is calculated based on the employee’s loss of earnings, future loss of earnings, and injury to feelings. Contractual redundancy pay is a payment made by an employer to an employee who is made redundant by the terms of their employment contract. Contractual redundancy pay is usually more generous than statutory redundancy pay and may include additional benefits. Employers may offer additional benefits, such as payment instead of notice or accrued holiday pay.
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The Bottom Line
In conclusion, the employee dismissal procedure is important in case of any gross conduct of the employees or for any other valid reasons. However, dismissing employees must always be the last option for employers. To not face the ugly consequences, you can even consult with the relevant professionals or lawyers before deciding on employee dismissal. If you are going through any such consequences as an employee or employer, you can also opt to talk to our professionals, and we will try our best to sort it out for you.
Disclaimer: The information about the employee dismissal procedure is provided in this article including text and graphics. It does not intend to disregard any of the professional advice.
