Pre-Dismissal Checklist

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Our Employment & HR Team

1.   What is the employee’s length of service?

2.   What is the reason for dismissal?

    • Conduct
    • Capability (performance or ill health)
    • Redundancy
    • Statutory Restriction
    • Some Other Substantial Reason

3.   Have all contractual procedures been followed?

4.   Has the ACAS Code of Practice been followed?

5.   Was the employee suspended before dismissal?

6.   Is dismissal with notice or without?

7.   If with notice:

    • How much notice are you required to give the employee? (Ensure that this is not less than the statutory minimum)
    • Will the employee be required to work during their notice period?
    • Is there a right in the employee’s contract to pay in lieu of notice?
    • Is there a garden leave clause in the employment contract, and if so, will it be used?

8.   Are there any restrictive covenants in the contract of employment?

9.   Has the employee lodged an appeal against dismissal?

10.  Is a settlement agreement required?

Practical Arrangements

    • Arrange handover of work
    • Arrange exit interview if applicable
    • Ensure employee returns all property and ask the employee to sign a disclaimer if necessary
    • Calculate final pay including any accrued holiday pay.  If the employee has taken more holiday than they have accrued, this may need to be deducted from the employee’s final wage.
    • P45

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