Can We Just Dismiss Them? What Employers Need to Check Before Making a Decision
Updated: 3 days ago
It is one of the most common questions in HR: ‘Can we just dismiss them?’ Sometimes there may be a fair reason to end employment, but the reason and the process both matter. Moving too quickly can turn a manageable employee relations issue into a far more expensive one.
START WITH THE ACTUAL PROBLEM
Before deciding on an outcome, define the issue clearly. Is this conduct, capability, attendance, redundancy, a statutory restriction, a breakdown in the working relationship, or something else? A vague description such as ‘they are difficult’ or ‘it is not working’ is not enough. The organisation needs to understand what has happened and what evidence supports that view.
CHECK THE FACTS BEFORE CHOOSING THE OUTCOME
Where conduct is alleged, investigate before deciding what should happen. Even in a possible gross misconduct case, the circumstances should be investigated. Where performance is the concern, look at the expectations that were set, the support provided, previous feedback, timescales and whether the employee had a reasonable opportunity to improve.
CHECK THE CONTRACT, POLICY AND EMPLOYMENT STATUS
Review the contract, relevant policies and the individual’s employment status and length of service. Short service can change the risk profile, but it does not make every dismissal risk-free. Discrimination, whistleblowing, health and safety, family leave and other automatically unfair reasons can create risk regardless of ordinary unfair dismissal qualifying service.
CONSIDER WHETHER A FAIR PROCESS HAS BEEN FOLLOWED
A fair process normally means telling the employee what the concern is, giving them a proper opportunity to respond, considering the evidence objectively and allowing an appeal where appropriate. The Acas Code of Practice is important in disciplinary and grievance cases and tribunals can take compliance into account.
DO NOT CONFUSE DECISIVENESS WITH SPEED
Managers often come to HR because they want certainty quickly. Good HR should help a business move forward, but it should also slow the decision down long enough to make sure the organisation can explain and defend it later.
THE BOTTOM LINE
The right question is rarely simply ‘Can we dismiss them?’ A better question is: ‘What is the fair, lawful and evidenced way to deal with this situation?’ That shift in thinking usually leads to better decisions and lower risk.
Facing a complex HR issue? Book a free consultation with Karen Lewis Chartered FCIPD at The HFactor for clear, practical support before the situation escalates.
Got an HR problem you need to resolve?
Tell us what is happening in your organisation. The HFactor offers a confidential, free initial consultation to help identify your priority HR risks and a practical next step.
Comments