As an employer it is never something to look forward to, but there are times when someone needs to be dismissed from their job. To many businesses the rules of when and how an employee’s contract can be terminated can be confusing. This article tries to simplify this area of employment law.
There is a clear three-step procedure that should be followed that can eventually lead to someone being sacked from their job. They are a verbal warning, a written warning and a letter of dismissal. The verbal warning should be the first step to let an employee know that (s)he is not working or behaving as expected when at work. The aim of this is to change the employee’s behavior so they become a better asset to the company. Unfortunately, this change doesn’t always happen. This may lead to the employer wishing to issue a written warning, which can serve as a final warning to improve. If there is still no improvement then a contract can be terminated. This will involve a meeting and an official letter of dismissal.
There are only a few reasons why someone can be sacked, although many sub-reasons within each of these. These are outlined below.
Conduct of an employee - This covers the behaviour of an employee in the course of carrying out their job, whether directly impacting their own job or not. This can include not working the required hours (i.e. always getting to work late), an office worker spending half the day browsing the internet for non-work related websites, and inappropriately behaviour towards other employees.
Capabilities of an employee - Any job requires a certain amount of skill in a particular area. If it transpires that an employee is not capable of reaching this skills level they could be dismissed. This includes, but is not limited to, situations where an employee has lied about qualifications or experience. This is not the case where a role changes though – in this case an alternative role should be found for the employee or they could be made redundant.
Working illegally - Working illegally is….. well, illegal. If an employee is breaking the law to work or while at work then the book can be thrown at them. For example, they may not be able to legally work in the country or may be under the minimum working age (and have lied about this unknown to the employer). Committing a criminal offence related to the job, such as stealing from the company or other employees, is another possible reason for dismissal
Another substantial reason - This covers many other areas that are sackable offences.
It is important to make sure there is a valid reason for sacking someone, otherwise you could be sued for unfair dismissal. For example, you cannot discriminate against someone for any reason. You cannot dismiss someone for being on maternity leave or being off sick for a valid reason. It is also important to be consistent; you cannot give one person a warning and sack another for the same offence.
In most cases a dismissed employee is entitled to a notice period, usually the same period of notice they would have to give were they resigning. However, they can be asked to leave immediately but must be paid until the end of their notice period. So, if the notice period is four weeks they would be entitled to four weeks pay. Many employers prefer this as it prevents a difficult working atmosphere and any resulting bitterness on behalf of the employee. There are occasions when someone can be dismissed with immediately effect without being paid, for example cases of gross misconduct.
Andrew Marshall ©
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