Employee Dismissals
Navigate the complexities of employee dismissals with confidence. Our HR experts guide you through every stage of the process, ensuring full compliance with UK employment law and protecting your business from costly tribunal claims.
Fair and Lawful Dismissal Support for UK Employers
Dismissing an employee is one of the most challenging decisions any employer can face. Under the Employment Rights Act 1996, section 94 gives qualifying employees the right not to be unfairly dismissed, meaning employers must follow a fair and lawful process at every stage. Getting it wrong can result in costly employment tribunal claims, reputational damage and significant financial penalties. At Rebox HR, we provide expert guidance to help you manage dismissals correctly from the outset, ensuring your decisions are legally sound and procedurally fair.
Section 98 of the Employment Rights Act 1996 sets out five potentially fair reasons for dismissal: capability or qualifications, conduct, redundancy, statutory illegality or contravention of a duty or restriction, and some other substantial reason (SOSR). However, having a fair reason alone is not enough. Employers must also demonstrate that they acted reasonably in treating that reason as sufficient grounds for dismissal, following a fair procedure that typically aligns with the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failure to follow the ACAS Code can lead to an uplift of up to 25% on any tribunal award.
Whether you are dealing with a performance-related capability dismissal, gross misconduct requiring summary dismissal, or a more nuanced situation such as dismissal during a probationary period or for some other substantial reason, Rebox HR is here to support you. We help employers across Northamptonshire and beyond to conduct thorough investigations, hold fair hearings, document decisions properly and manage the appeals process. Our goal is to protect your business while ensuring every employee is treated with dignity and in accordance with the law.
What We Cover
Practical, expert support across every aspect of dismissals for your business.
Fair Dismissal Process Management
We guide you through every stage of the fair dismissal process, from the initial investigation right through to the final decision and any subsequent appeal. Our consultants ensure your procedures align with the ACAS Code of Practice on Disciplinary and Grievance Procedures, which tribunals consider when assessing reasonableness. We help you document each step thoroughly, conduct impartial investigations and hold fair hearings where employees are given the opportunity to state their case. This structured approach significantly reduces the risk of a successful unfair dismissal claim.
Conduct and Gross Misconduct Dismissals
Dealing with employee misconduct requires careful handling to ensure any dismissal is both fair and defensible. We assist with drafting allegation letters, managing the investigation process and advising on whether the misconduct warrants a final written warning or summary dismissal without notice. In cases of gross misconduct, such as theft, fraud or violence, we help you determine whether the behaviour falls within the definition set out in your disciplinary policy. We also advise on suspension, the right to be accompanied at hearings under section 10 of the Employment Relations Act 1999, and the importance of consistency in your decision-making.
Capability and Performance Dismissals
When an employee is unable to meet the required standards of their role, whether due to poor performance or ill health, dismissal on the grounds of capability may be appropriate. We help you implement a fair performance improvement plan (PIP) with clear objectives, timescales and support measures before any dismissal decision is made. For long-term sickness cases, we advise on obtaining medical evidence, considering reasonable adjustments under the Equality Act 2010 and exhausting all alternatives before proceeding. This thorough approach demonstrates the reasonableness that tribunals expect from employers.
Probationary Period Dismissals
Although employees with less than two years of continuous service generally cannot bring an ordinary unfair dismissal claim, employers must still exercise caution when dismissing during a probationary period. Employees retain protection from day one against automatically unfair dismissals, such as those related to whistleblowing, pregnancy or asserting a statutory right. We help you set clear probationary objectives, conduct meaningful review meetings and, where necessary, manage the dismissal process in line with best practice. Following a fair process during probation also protects your reputation as an employer and reduces the risk of other legal claims.
Wrongful Dismissal and Notice Pay
Wrongful dismissal is a contractual claim that arises when an employer terminates employment without providing the correct notice period or payment in lieu of notice. Unlike unfair dismissal, there is no qualifying service period for wrongful dismissal claims. We review your employment contracts to ensure notice provisions are clear and compliant with the statutory minimum notice periods set out in section 86 of the Employment Rights Act 1996. Where summary dismissal is warranted for gross misconduct, we help you build a robust case that justifies the decision to dismiss without notice, minimising your exposure to contractual claims.
SOSR and Complex Dismissal Scenarios
Some other substantial reason (SOSR) is a broad category that covers dismissals which do not fit neatly into the other four fair reasons. Examples include a breakdown in trust and confidence, a refusal to accept reasonable changes to terms and conditions, or pressure from a third party such as a client requesting the removal of an employee. We advise on whether SOSR is the appropriate ground for dismissal in your specific circumstances and help you build a reasonable case. We also support employers through more complex situations, including dismissals involving TUPE transfers, where additional protections apply under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
How We Help
A clear, structured approach from start to finish.
Assessment and Planning
We review the circumstances of the case, identify the appropriate fair reason for dismissal under section 98 of the Employment Rights Act 1996 and advise on the correct procedure to follow. This includes assessing any risks related to discrimination, whistleblowing or other automatically unfair dismissal protections.
Investigation and Hearing
We support you in conducting a thorough and impartial investigation, drafting the necessary correspondence and preparing for the disciplinary or capability hearing. We ensure the employee is given proper notice, informed of their right to be accompanied and provided with all relevant evidence in advance.
Decision, Communication and Appeal
We help you reach a fair and consistent decision, draft the outcome letter clearly setting out the reasons for dismissal and manage the appeal process if the employee chooses to challenge the decision. We also advise on final pay, accrued holiday entitlement and the return of company property.
Frequently Asked Questions
What are the five fair reasons for dismissal in UK law?
Section 98 of the Employment Rights Act 1996 sets out five potentially fair reasons for dismissal. These are capability or qualifications for the role, conduct, redundancy, statutory illegality (where continued employment would breach a statutory duty or restriction) and some other substantial reason (SOSR). Even with a fair reason, the employer must also demonstrate that the dismissal was carried out using a fair procedure and that it was reasonable in all the circumstances.
How long does an employee need to work before they can claim unfair dismissal?
Under section 108 of the Employment Rights Act 1996, employees generally need two years of continuous service before they can bring an ordinary unfair dismissal claim. However, certain dismissals are automatically unfair from day one of employment regardless of length of service. These include dismissals related to pregnancy or maternity leave, whistleblowing, asserting a statutory right, trade union membership or activities, and exercising rights under the Working Time Regulations 1998.
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal is a statutory claim under the Employment Rights Act 1996, which examines whether the employer had a fair reason for dismissal and followed a fair procedure. Wrongful dismissal is a contractual claim that arises when an employer breaches the employment contract, typically by failing to provide the correct notice period. Wrongful dismissal claims have no qualifying service period, meaning an employee can bring a claim from their first day of employment. Both claims can be pursued simultaneously at an employment tribunal.
Can I dismiss an employee during their probationary period?
Yes, you can dismiss an employee during their probationary period, and in most cases they will not have sufficient service to bring an ordinary unfair dismissal claim. However, best practice is to follow a fair process including review meetings and clear communication about performance concerns. Employees are protected from day one against automatically unfair dismissals and discrimination claims under the Equality Act 2010, so it is important to ensure your reasons for dismissal are lawful and well documented.
What is summary dismissal and when is it appropriate?
Summary dismissal is the termination of employment without notice, typically in response to gross misconduct such as theft, fraud, violence or serious insubordination. Even in cases of gross misconduct, the employer must still follow a fair procedure including a proper investigation, a formal hearing and the opportunity for the employee to respond to the allegations. Dismissing without following a fair process, even for genuine gross misconduct, can still result in a finding of unfair dismissal at tribunal.
What role does the ACAS Code of Practice play in dismissals?
The ACAS Code of Practice on Disciplinary and Grievance Procedures is not legally binding, but employment tribunals are required to take it into account when considering relevant cases. If an employer unreasonably fails to follow the Code, a tribunal can increase any compensation award by up to 25%. The Code sets out the basic principles of fairness including carrying out a reasonable investigation, informing the employee of the allegations, holding a meeting and offering a right of appeal.
What should a dismissal letter include?
A dismissal letter should clearly state the reason for dismissal, summarise the process that was followed, confirm the effective date of termination and outline the employee's right to appeal. It should also address practical matters such as the notice period or payment in lieu of notice, any outstanding holiday pay, the return of company property and any post-termination restrictions that apply. We help employers draft dismissal letters that are clear, professional and legally compliant.
How can Rebox HR help reduce the risk of an employment tribunal claim?
We work with you from the earliest stages of any potential dismissal to ensure you follow a fair, consistent and well-documented process. By identifying the correct fair reason, adhering to the ACAS Code of Practice, conducting thorough investigations and providing employees with a genuine opportunity to respond, we help you build a robust defence should a claim arise. We also advise on whether a settlement agreement might be appropriate to resolve the matter without the cost and uncertainty of tribunal proceedings.
“We outsource all our HR to Rebox. They have been instrumental in helping us navigate the complexities of employment law and keeping our business protected.”
Related Services
Disciplinary and Grievances
Comprehensive support with disciplinary investigations, hearings and grievance procedures to ensure fair outcomes and legal compliance.
Disciplinary and Grievances →Settlement Agreements
Expert guidance on negotiating and drafting settlement agreements to resolve employment disputes efficiently and protect your business.
Settlement Agreements →Appeals
Employees have the right to appeal a dismissal. We help you manage the appeals process fairly and compliantly, reducing the risk of tribunal claims.
Appeals →Need Help Managing an Employee Dismissal?
Speak to our experienced HR consultants today for clear, practical guidance on handling dismissals fairly and lawfully. We are here to protect your business and help you get it right.
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