How do I fairly dismiss an employee?

In choosing to dismiss an employee you are entering a highly complex legal area, requiring expert knowledge to avoid the numerous pitfalls. As a business owner, it’s critical to follow the correct HR procedures to mitigate the risk of a potentially ‘unfair dismissal’, or a wrongful termination’ claim against your company.

Our advice to clients considering employee dismissal is to make sure that you have a valid reason for dismissal and you follow a fair process. It’s worth exploring alternative options, such as a personal improvement plan, or perhaps offering a different position within the business. Ensure that the correct procedures are adhered to and finally, put everything down in writing.

Dismissing an employee with less than 2 years’ service*

If an employee has served for less than 2 years*, it’s often a more straightforward process to terminate their employment, however, it’s not without risk, as a claim could still be made against you regardless of length of service.

*Note that the timescale for bringing an unfair dismissal claim reduces to 6 months in January 2027

Dismissing an employee with over 2 years’ service

If your employee has served for two* or more years with the company, you should follow the ACAS code of practice, as well as the correct disciplinary and grievance procedures to protect your business from potential tribunal claims further down the line.

*Note that the timescale for bringing an unfair dismissal claim reduces to 6 months in January 2027

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Training

Employee dismissal is complicated, and often difficult for everyone involved in the process. To guide you through it, we have live online and in house training sessions.

For more training topics, see our training page.

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Any questions?

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