As a rule, dismissal is fair when employers can show that it is for a valid reason. But, they must act reasonably in treating that reason as adequate to justify discharging an employee.
FAIR DISMISSALS: Valid and fair reasons for dismissing an employee include:
Various other fair reasons qualify for dismissing staff fairly. These are often called 'other substantial reasons' such as a business relocation.
Fair Dismissal Example: You employ someone to provide temporary maternity cover. They get dismissed when the maternity cover period finishes. In this scenario it would be fair providing you made it clear that the job was temporary at the start of the placement.
Having a fair and valid reason is only the first step of the dismissal and disciplinary process. You must also act 'reasonably' to keep the dismissal fair and legal.
We searched a concise list of employment law acts and 'reasonableness' has no legal definition. But, it has implications at an employment or industrial tribunal. In this case the tribunal panel would consider whether the employer:
In some cases 'reasonableness' might have another significant meaning. It could depend on whether you should expect the employee to understand the full consequences of their behaviour.
Employers must set out their dismissal and disciplinary rules and procedures in writing. Failing to do so means a tribunal can order you to pay compensation to a fired employee.
Summary dismissal means you made an instant sacking without any notice period or pay in lieu of notice. As a rule, it usually occurs following acts of gross misconduct (e.g. fraud, theft, or violence).
A tribunal can rule a summary dismissal as 'procedurally unfair'. You can only suspend someone without pay when their employment contract states this. If not, you should suspend the employee on full pay and investigate the circumstances.
What if you feel that a summary dismissal is your only course of action? In this case you must still follow a fair dismissal procedure. Treat the sacking as you would for any other workplace disciplinary matter.
Fair Dismissals: How to Dismiss Staff Fairly
Last Updated 2018