Nobody likes to think about losing their job but, of course, it happens. Sometimes, we leave a job through our own choice. In other cases, the decision is made for us. This is our guide to some scenarios in which dismissal might occur – and be wholly fair.
1-Redundancy
This is one of the most common ways in which someone will find themselves ‘dismissed’. It comes down to business need, streamlining, closure of sites, cost-saving and so forth. There are ways to do it legally and fairly. The process must be transparent and begin with employee consultation about the proposed changes. There must be evidence that every effort has been made to redeploy staff within the business. It is not a way for an employer to get rid of an individual for a personal reason.
2-Performance and/or capability
Employers and HR teams should have in place robust processes for dealing with issues of poor performance or lack of capability, and they do take time. Performance covers an employee’s behaviour at work and the results they are producing, and capability looks at their ability to do the job. This might include injury or sickness as well as skill and aptitude. In all situations, there must be evidence of trying to resolve any issues informally, with support given where appropriate, before formal disciplinary proceedings can begin.
Each step of the procedure should be documented for both the employer and the employee, with the employee given clear expectations and achievable targets before progress is reviewed. Several warnings will need to be given over a period of time before the decision to dismiss can be made.
3-Employee Conduct
An employee’s contract should clearly state what is considered proper conduct in line with company policies and procedures and, therefore, what will be considered misconduct, or the more severe act of gross misconduct, which might result in instant dismissal. Examples of gross misconduct will potentially have an impact on the business or its reputation and will usually include theft, fraud or gross negligence. For gross misconduct in particular, if it can be proven that the incident impacts the business, it need not have happened during work hours or at your place of work.
4-Statutory illegality
There are sometimes legal changes to someone’s status that make doing their job impossible or illegal. For example, someone who no longer has the right to work in the UK, a driver losing their driving licence, or another criminal conviction that affects their working status.
5-Some other substantial reason (SOSR)
As with a general clause in a job description or contract that says “any other task required by the employer,” SOSR covers a huge range of other reasons that an employee might face dismissal. It might be a loss of confidence in the employee, for example, although in order for the employer to avoid a tribunal, they would need to have clear evidence as to what had gone wrong justify dismissal.
There are also scenarios in which dismissal may be unfair because an employer has not followed due process, or the reason given is inadmissible. In those situations, the employer may find themselves defending a constructive dismissal claim at an employment tribunal.
If you find yourself facing dismissal and you believe the reason is not fair, review expert advice such as https://www.employmentlawfriend.co.uk/constructive-dismissal https://www.employmentlawfriend.co.uk/constructive-dismissal and always take qualified, impartial legal advice before taking any action. ACAS outlines very clearly what constitutes a fair reason for dismissal and should help clarify your situation.
ACAS and specialist firms have plenty of useful information that will help you understand if your dismissal has been fair.