If you are searching for advice relating to ‘How to sack someone UK’, the experienced HR consultants at GAP HR are ideally placed to help. We offer pragmatic, commercially focused advice to small businesses around the country, working hard to ensure that their processes are legally compliant and helping them remain tribunal-free.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
When Can You Sack Someone In The UK?
Sacking an employee is rarely straightforward. Even when the employee’s performance is such that your decision is justified, employers must follow specific legal and procedural steps to avoid facing claims of unfair dismissal, discrimination, or breach of contract. The process can be daunting and time-consuming, especially for smaller businesses without an in-house HR team.
Under UK employment law, employers must have a fair reason to dismiss an employee who has two or more years’ service with their organisation. The five potentially fair reasons are as follows:
- Conduct
- Capability or performance
- Redundancy
- Statutory illegality
- Some other substantial reason (SOSR)
Accordingly, the first thing to do when considering whether you can sack someone lawfully is to identify whether the situation is covered by one of the five legal reasons listed above.
Once you have established that you have a fair reason for sacking the employee, you must decide on the process you will follow, since the dismissal will only be lawful if that process is also fair.
Employees with less than two years’ service do not usually have unfair dismissal protection, but employers must still avoid dismissals that are discriminatory, automatically unfair, or in breach of contract. Speak to us if you are unsure. Our HR advisors will review the circumstances and advise you on the extent of the legal protection enjoyed by the employee in question.
It is crucial that you have identified both the reason for your desire to sack the employee and the process you intend to follow before doing anything else, including speaking to the employee. That is why it is a good idea to involve HR consultants like ours at an early stage in the process. With our support and guidance, you can be sure that your entire procedure is legally compliant and avoid saying or doing anything that may expose your organisation to legal proceedings.
What Is A Fair Procedure?
Following a fair process is essential to ensuring that an employee’s dismissal is lawful. Tribunals place significant emphasis on the procedure the employer followed, and many claims succeed not because the reason for dismissal was wrong, but because the employer did not follow a fair process.
The exact procedure depends on a range of factors, including the nature of your organisation and the dismissal type. Generally speaking, though, a fair process will usually include the following steps as a minimum:
• Investigation
Before making any decision, you must gather the pertinent facts. This might involve you speaking with the relevant people, reviewing any evidence, and keeping thorough notes.
• Meeting
You should always allow the employee to put their side of the story across at a meeting. You must attend the meeting with an open mind, ready to hear what the employee has to say and take their points into account. You should invite the employee to the meeting in writing, explain the allegations or concerns, provide evidence, and allow them time to prepare.
• Decision
Once you have had a chance to consider all of the evidence relating to the matter, including the points made by the employee during your meeting with them, you should reach a fair and balanced decision, which you should communicate to the employee.
• Appeal
A fair process must include the opportunity for the employee to appeal your decision.
At GAP HR, we understand how uncomfortable navigating this process can be, particularly for small business owners, who often have a close working relationship with their employees.
We can take over as much or as little of the process as you desire, from providing initial guidance on the steps you should follow, to being present at the meeting, and having any difficult conversations on your behalf.
How Can External HR Consultants Help When You Need To Sack Someone?
Bringing in an external HR consultancy when sacking an employee offers several major advantages, including the following:
• Legal Compliance
Employment law is complex. HR consultants like ours will ensure that your process follows all applicable laws and guidelines and dramatically reduces the risk of unfair dismissal claims.
• Impartiality And Professional Distance
When dismissing an employee, small business owners often feel anxious, angry, or guilty, depending on the circumstances. Our HR consultants add objectivity to the process, helping ensure that your decisions are fair and reasonable.
• Expert Guidance At Every Stage
It is not enough to simply follow a fair process; you must be able to prove that you followed a fair process if your decision is subsequently challenged by the employee.
Our HR consultants will support you at every stage of the process, ensuring that everything is properly documented.
If you need advice and guidance on how to sack someone UK, please get in touch today to find out how we can help.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
