Dismissal disciplinary procedures

Policies and Procedures

Dismissal disciplinary procedures

A dismissal is when an employer ends an employee’s contract. It usually means the same as being sacked or fired. It’s important that an employer uses a fair and reasonable procedure to decide whether to dismiss someone. If they do not, an employee could make a claim for unfair dismissal, even if the reason for dismissing them was valid. Having effective and consistent disciplinary procedures in place is vital for companies.

In law, there are 5 potential reasons for dismissing someone fairly. These are:

• conduct – when the employee has done something that’s inappropriate or not acceptable
• capability – when the employee is not able to do the job or does not have the right qualifications
• redundancy – when the job is no longer needed
• a legal reason – when the employee cannot do their job legally, for example, a lorry driver who’s banned from driving
• ‘some other substantial reason’ – a term used for a wide variety of other situations

This document is drafted in accordance with the ACAS Code of Practice on Disciplinary and Grievance Procedures. It will help HR depts and managers ensure that where disciplinary proceedings are instigated against an employee the matter is dealt with thoroughly, fairly, and in compliance with current employment legislation.