Dismissal and Disciplinary Procedures

The Employment Rights Act 1996 (ERA 1996) provides that there are six potentially fair reasons for dismissing an employee. These are: conduct, capability, redundancy, retirement, a statutory restriction and some other substantial reason.

Employers are also required to act fairly when dismissing employees for one or more of the aforementioned reasons. Failure to do so leaves employers at risk of unfair dismissal claims from employees who have one years service or longer. The current maximum compensatory award for unfair dismissal claims recently rose to £65,300 for dismissals which occur on or after 1st February 2010.

The much reviled statutory disciplinary procedures have been revoked but employers must now comply with the ACAS Code of Practice, failing which the Tribunal may increase awards of compensation by up to 25%.

We can advise employers at all stages of the disciplinary process to identify and minimise the risk of successful challenge. You can then be confident that you will have a sound defence in relation to any unfair dismissal claims brought by aggrieved employees.

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