End Of The Road
Staff Dismissals
Diane is an incredible HR Partner for businesses not ready for in-house. She’s calm, knowledgeable, and always had our back when it came to people matters — big or small. She made tricky situations feel manageable and gave us clear, no-nonsense advice we could trust. If you're looking for a friendly, professional, and genuinely great person to work with, I can't recommend Diane highly enough.Ruth,
Emma at HR Dept was the perfect support for a tricky matter involving a staff disciplinary meeting. So reassuring. We would have no hesitation in recommending Emma and HR Dept to other businesses navigating the minefield of employment law. Thank you!David,
We used the HR Dept to manage a project that involved a significant number of redundancies within a complex context. They were superb- providing us with clear, professional advice at all times and supporting us as a management team as well. In their interactions with employees they were empathetic and effective. Our main contacts were Fintan O'Toole and Ali Day- they were both excellent.Jane,
Professional and responsive, HR Dept have provided us with excellent HR advice and guidance.Townsend House Medical Centre,
HR Investigations bringing employment to an end
When you build up a team, you choose the people who you believe are right for your business. However, no one gets it right every time.
Bad employees can affect the rest of the team and damage your culture. If, after trying to improve performance or correct misbehaviour, there is still a problem, then dismissal may be the only option.
If you have been unable to resolve any issues informally, dismissal must follow a fair, consistent and legal process. Employees have the right not to be unfairly dismissed. Unfair dismissal claims have been known to cost some employers huge fines.
To assist your disciplinary and grievance process and inform any decisions of dismissal, it is important to have the correct policies in place.
Policies that cover employee conduct and performance set out your expectations at the beginning of the employment relationship.
When these policies are drafted and communicated effectively, they’ll protect your business in the event of misconduct or poor performance that must lead to dismissal. We can write your policies and provide the guidance to ensure a legally compliant dismissal process.
Get your dismissals right
Special considerations for ill health
There are times when a person’s health can seriously affect their ability to work. They could be absent for a long period. Whilst you may be sympathetic, this makes managing your business difficult. Before dismissing an employee that has been on long-term sick leave, you must take a number of steps. We can clarify the process, explaining the medical guidance and occupational health reports.
On-site support
If you are dreading the difficult conversations that can arise as a result of this process, we can be there to support you. Or even have the conversation for you. This gives you peace of mind that it will be done professionally and safely for you and your business.
If you need help with a potential dismissal, contact our expert team of HR professionals today.
Up next find out more about leavers checklist.
Dismissals FAQ
A wrongful or unfair dismissal is when an employer breaches an employee’s contract. This often relates to notice or notice pay. The two most common examples of wrongful dismissals are:
- Dismissing an employee without giving them notice or notice pay.
- Not giving an employee the notice they’re entitled to.
Bear in mind that an employee can make a wrongful dismissal claim even if they’ve only worked for your company for one year.
Dismissing an employee is legal, presuming you stick to everything in the employee’s contract and follow the minimum notice period for termination of employment set out by the government. Failing to do this may result in an employee making a wrongful dismissal claim, which will look bad on your business and could mean you end up in court.
If you want to dismiss an employee quickly and without a formal warning, you can only do this if they have committed gross misconduct. But even so, before terminating their employment, you must have carried out a thorough investigation and gathered sufficient evidence to prove the offence.
Only a person with the authority to do so should dismiss an employee. Typically, this will be a manager or someone high up in the company.
Whoever is in charge of the dismissal must inform the employee of the reason(s) for the dismissal, as well as the date on which the employment contract will end, the notice period, and their right to appeal the dismissal.
HR professionals can guide the employee termination process, ensuring the correct steps are in place while minimising the risk of a potential fallout should the employee believe it’s an unfair dismissal.
In short, yes. If an employee is fired, they are terminated from their employment. The reason for a termination depends, it could be for misconduct, poor performance or because they’re not the right fit for a role or company. Regardless of the reason for the dismissal, the employer must let the employee know why they have let them go.
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End Of The Road
