Dismissal Procedure

A dismissal procedure has to be strictly followed if an employer wishes to dismiss someone who works for them. However, whether a dismissal procedure applies will depend on the case. If the person to be dismissed is not an employee, then their employer may not have to follow a dismissal procedure. So temporary workers, casual workers, and other type of workers who are not employees may be dismissed without going through a dismissal procedure.

If an employer wishes to dismiss an employee then in most cases he must follow the standard three-step dismissal procedure. This can be summarised as follows.

Step 1

The employer must write to the employee setting out the reasons for them considering taking action against the employee. In this initial letter, the employer does not have to state that they are considering dismissing the employee. He must invite the employee to attend a meeting to discuss the matter.

Step 2

This step involves a meeting between the employer and employee to discuss the matter. Following the meeting, the employer is obliged to inform the employee of their decision. This does not necessarily have to be in writing. The employer must also inform the employee of his right to appeal the decision.

Step 3

This step applies if the employee chooses to appeal. An appeal meeting must be held by the employer.

If an employer does not follow the correct dismissal procedure, the dismissal of the employee will be automatically unfair. As the procedure can be dependent on many different factors, and because the ramifications of an unfair dismissal can be far-reaching, it is wise to seek specialist advice.

If you would like to obtain legal advice and information on following a dismissal procedure, Contact Law can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 0800 1777 162 or complete the web-form above.