References

Working families. Calculating damages/compensation in the employment tribunal. 2023. https://workingfamilies.org.uk/articles/calculating-damages-and-compensation/ (accessed June 15 2023)

Dismissing an employee respectfully

02 July 2023
Volume 12 · Issue 6

Abstract

Unfortunately, dismissals are sometimes necessary in clinical practices. But dismissing an employee inappropriately may get you into legal trouble. This article outlines things to keep in mind while undergoing the procedure

Regrettably, there are times when an employer needs to dismiss an employee. But mention-worthy is that there are correct and incorrect ways to dismiss; those that go about the process the inappropriate way will undoubtedly find themselves before an Employment Tribunal.

Indeed, mistakes can be costly with the typical award for unfair dismissal being £10,812 (Working Families, 2023). It therefore makes sense for employers to understand the law, what constitutes an unfair dismissal, and what a fair dismissal procedure actually looks like.

According to Alexandra Farmer, Head of Team and a solicitor at WorkNest, a fair dismissal procedure consists of two essential components: (i) having a valid reason to dismiss and (ii) acting reasonably under the circumstances.

The Employment Rights Act of 1996 outlines five potential justifications for dismissal.

Noteworthy is that simply having a reason alone isn't sufficient when dismissing; the employer must show that they have acted reasonably when acting.

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