This article has been prepared by Colin Biggers & Paisley Lawyers.
Dismissing an employee and avoiding a successful unfair dismissal claim can be a minefield for employers. We provide the following 10 top tips to consider prior to dismissing an employee:
Warnings – if there are performance issues with an employee, then the employee should generally be warned in relation to the issues prior to dismissal. If the issues are in relation to the employee’s behaviour, best practice would also require a warning prior to dismissal however it is not required for unfair dismissal purposes. Warnings should always be clear and outline the performance or conduct concerns and how the concerns can be addressed by the employee. If the warning is serious, and to be relied on for unfair dismissal purposes, then it should generally also state that further performance or conduct concerns may lead to further disciplinary action which may include termination.