Dismissing an Employee
Expert employment law advice for employers considering dismissal. A dismissal that is handled incorrectly can expose a business to costly Employment Tribunal claims, reputational damage and unnecessary disruption.
If you are considering dismissing an employee, seeking advice at an early stage can help protect both your business and your workforce.
Dismissing an employee is one of the most challenging decisions any employer can face. Whether the issue relates to conduct, capability, attendance, redundancy or another workplace concern, it’s important to ensure the correct process is followed.
We provide clear, practical advice on the legal requirements, the procedures that should be followed and the steps you can take to minimise risk.
If you have need support and would like to speak with one of our Employment Law experts, get in touch with us today on 0800 118 1500 or complete the form below.
How do I terminate an employees employment?
Employers must ensure they have a potentially fair reason for dismissal and that a fair process has been followed.
Employees with sufficient qualifying service generally have the right not to be unfairly dismissed. An Employment Tribunal will consider both the reason for the dismissal and whether the employer acted reasonably in the circumstances.
Every situation is different, which is why obtaining specialist employment law advice before making a decision can be invaluable.
Find out more in our frequently asked questions below.
What are the fair reasons for dismissal?
Under employment law, there are five potentially fair reasons for dismissing an employee:
Conduct
Where an employee has committed misconduct, such as repeated breaches of company policies, poor behaviour or, in more serious cases, gross misconduct.
Capability or Performance
Where an employee is unable to perform their role to the required standard due to performance issues, qualifications or ill health.
Redundancy
Where the role is no longer required due to changes in business needs, restructuring or workplace closure.
Statutory Restriction
Where continuing to employ someone would break the law, such as losing a required licence or right to work.
Some Other Substantial Reason (SOSR)
A potentially fair reason that does not fall within the other categories, such as a breakdown in working relationships or certain business reorganisation requirements.
Why Choose Talbots’ Employment Law Solicitors?
Our employment law solicitors understand the pressures businesses face when managing difficult workplace situations. We provide clear, straightforward guidance that helps employers make confident decisions while reducing the risk of costly disputes and tribunal claims.
We work closely with business owners, directors and managers to help them handle dismissals fairly, consistently and in line with current employment law.
With offices across the country and a team of specialists covering a wide range of legal services, we are able to provide practical advice tailored to your individual circumstances. As an employee-owned firm, we are committed to delivering exceptional service, clear communication and legal support you can trust. Our reputation is reflected in the thousands of positive reviews we have received from happy clients. Read our Trustpilot reviews.
Frequently Asked Questions
Why do employers need to follow a fair dismissal process?
Having a fair reason alone is not enough.
Employers must also follow a fair procedure before making a decision to dismiss. The process will depend on the circumstances, but may involve:
- Investigating the issue
- Meeting with the employee
- Giving the employee an opportunity to respond
- Considering alternative options where appropriate
- Allowing the employee the right to appeal
Tribunals will often examine not only what decision was made, but how that decision was reached. Employers who fail to follow a reasonable process may still face claims even where there was a valid reason for dismissal.
What are the most common mistakes employers make when dismissing an employee?
Many Employment Tribunal claims arise because employers:
- Act too quickly without investigating the facts
- Fail to follow their own disciplinary procedures
- Do not provide employees with the opportunity to respond
- Apply policies inconsistently
- Keep insufficient records of meetings and decisions
- Dismiss employees without considering alternatives
Seeking legal advice before taking action can often help avoid these issues.
What is unfair dismissal?
Unfair dismissal occurs when an employee is dismissed without a fair reason or where a fair procedure has not been followed.
Employees who meet the qualifying criteria may be able to bring a claim in the Employment Tribunal if they believe they have been unfairly dismissed.
Can I dismiss an employee with less than two years' service?
Employees with less than two years’ continuous service generally have fewer rights to bring an unfair dismissal claim.
However, employers should still proceed carefully, as claims relating to discrimination, whistleblowing, health and safety concerns or other automatically unfair reasons can arise regardless of length of service.
Can I dismiss an employee while they are off sick?
In some circumstances, yes. However, dismissing an employee who is absent due to illness requires careful consideration.
Employers should obtain appropriate medical evidence, consider reasonable adjustments where necessary and follow a fair process before making any decision.
What is gross misconduct?
Gross misconduct refers to serious behaviour that may justify summary dismissal without notice.
Examples can include theft, fraud, violence, serious breaches of health and safety rules, or conduct that fundamentally damages the relationship of trust and confidence between employer and employee.
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Nisha Leel
Director, Solicitor & Head of Immigration
Nisha Leel is Director, Solicitor & Head of Immigration in our Employment team, based in our Stourbri...
James Monk
Director & Head of Employment Law
James Monk is a Director & Solicitor and heads up our Employment Law team. James works with clients t...
Emma Monk
Senior Associate & Solicitor
Emma Monk is a Senior Associate & Solicitor in our Employment Team, providing advice on a range of em...
Amy Steventon
Solicitor
Amy is a Solicitor in our Employment Team, progressing from an Administrator to being offered a trai...
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