Sacking an employee is rarely pleasant, but sometimes it is unavoidable to maintain performance standards and protect your business. If you are in need of advice on how to sack an employee, our experienced HR advisors are perfectly placed to help.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Happens When You Sack An Employee?
Sacking an employee involves ending their contract of employment with your organisation. It is sometimes referred to as dismissing or firing someone.
When you sack someone, you must give them the notice they are entitled to. Once that notice period has expired, their contract comes to an end and you part ways.
How To Sack An Employee
Employees’ rights are protected by extensive and ever-changing employment legislation. If you do not have a valid reason for sacking an employee or fail to follow a fair process, they may be able to issue an employment tribunal claim against you.
Before you sack an employee, you must take the following steps:
• Identify Your Reason For Wanting To Dismiss The Employee
You must have a legally sound reason for sacking an employee. The only permissible reasons for terminating an employee’s contract of employment are as follows:
o Conduct
You may be able to sack an employee for unacceptable conduct, such as subordination or persistent lateness.
o Capability
You may be able to sack an employee on the grounds that they are unable to do the job for which they are employed. It may be necessary to offer additional support, such as training and review, before dismissing an employee for capability issues.
o Redundancy
When the employee’s role is no longer required, for example because the business is closing or their job has become automated, you may be able to dismiss them on redundancy grounds.
o Statutory Restriction
If an employee is unable to do their job legally, for example because they are a driver and have lost their licence, you may be able to lawfully dismiss them.
o Some Other Substantial Reason
Some reasons for dismissing an employee that do not fit neatly into the other fair reason categories may still be lawful under the ‘some other substantial reason’ category. Examples of the types of circumstances that may fall under this category include if there has been a breakdown of trust between you and the employee.
• Follow A Fair Process
Failing to follow a fair process before deciding to sack an employee can leave your organisation open to an unfair dismissal claim by the affected employee. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the standard steps employers should follow. If your organisation has its own processes that comply with the law, you should follow those.
Firstly, you should identify the issue and collate documentation in relation to it. This might include warnings, performance reviews, attendance records, and any measures you took to address it, such as offering the employee additional training. A decision to sack an employee must be based on fact, not assumptions or personal bias.
Once you have established that you may have a fair reason for wanting to dismiss an employee, you must conduct an investigation into the issue. This may involve speaking with witnesses, reviewing the relevant correspondence and documentation, and asking the employee for their version of events.
Next, you should invite the employee to a formal meeting. At the meeting, you should present the evidence and discuss your findings fairly and openly. You should give the employee the opportunity to respond fully to each point. It is essential that you keep an open mind to the issue and genuinely consider the employee’s responses. If new evidence emerges during the meeting, you may need to adjourn to consider the matter further.
Even if it transpires that your concerns are borne out, sacking an employee should always be a last resort. For example, if the issue lies with the employee’s performance, you should consider whether they may benefit from additional training or mentoring. Only if there are no alternatives to dismissal should you decide to terminate the employee’s contract.
Any decision to sack an employee should be based on clear evidence, be proportionate to the issue, and be consistent with how similar cases have been handled.
When you are certain that your decision is legally compliant, you should communicate it to the employee. You should give them any notice period to which they are entitled and inform them of the date on which their contact will end.
You must also allow the employee the chance to appeal your decision. The appeal should be heard by someone who was not involved in the original decision. This crucial final step demonstrates procedural fairness and can reduce the risk of claims.
If you need further advice on how to sack an employee or need guidance on whether your existing practices are legally compliant, our HR consultants can help. We provide tailored advice on fair dismissal processes, review your existing policies, and offer practical support through challenging conversations.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
