Dismissal

Introduction

At some stage, many businesses will face the difficult task of having to dismiss an employee or a group of employees.

You can avoid making dismissals by providing:

• effective recruitment, training and management from the start of employment to minimise the risk of poor performance
• well-drafted contracts, policies and procedures so that you and your employees are clear about your respective rights and obligations

However, if you do have to dismiss someone, there are steps you should take to avoid unfair, wrongful and constructive dismissal claims.

This guide provides information on:

• types of dismissal
• policies and procedures employers can put in place
• where employers can get further information

Subjects covered in this guide

• Introduction
• Types of dismissal and eligibility to claim unfair dismissal
• Dismissing fairly
• Automatically unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on capability grounds
• Dismissals on conduct grounds
• Dismissals relating to industrial action
• Whistleblowing and dismissal
• Notice periods
• Final payments and other matters

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