Unfair Dismissal

There are a number of reasons why you may dismiss an employee in a manner which is deemed to be fair.

If you believe that the employee is not capable to fulfil their roll, has performed poorly, or has acted in a manner which contravenes company conduct policies, you should be able to dismiss them safely. Employees who have been with your firm for less than two years have less protection under the law than more long term colleagues, and can be dismissed without recourse to unfair dismissal claims. However, you do need to act cautiously in every case and ensure that you fully comply with the relevant dismissal and disciplinary procedures to avoid opening yourself up to unfair dismissal claims. The ACAS Code of Practice (http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of-Practice-1-on-disciplinary-and-grievance-procedures.pdf) sets out industry-wide protocols and it is highly recommended that employers follow this guidance.

To protect yourself from potential claims of unfair dismissal, our Employment team can offer legal advice tailored to your specific business.

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